BIRMATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed for issuance of a writ of mandamus directing the respondents to pay monetary compensation to the petitioners for the loss of life of Ranbir Singh, an undertrial prisoner in the District Jail Sonepat, by a co-prisoner Krishan son of Ram Dia, lodged in the same Jail, due to the negligence of the jail authorities. Petitioner No. 1 is the wife, petitioners 2 and 3 are the parents and petitioners 4 to 6 are the minor children of the deceased.

(2.) RANBIR Singh was arrested on 13. 3. 1994 in an F. I. R. under Section 61/1/14 of the Excise Act. On his remand to the judicial custody, he was lodged in the District Jail, Sonepat. On 23. 10. 1994, Ranbir Singh, deceased was attacked by Krishan, respondent No. 5, who is a habitual and dangerous criminal and was undergoing life imprisonment. He had been sentenced to life imprisonment by the Sessions Judge, Sonepat for Committing an offence under Section 302, Indian Penal Code (FIR No. 44 dated 2. 2. 1996, Police Station Sohana), vide judgment dated 21. 5. 1987. He had also been sentenced to life imprisonment by the Additional Sessions Judge, Sonepat, for committing an offence under Section 302, Indian Penal Code (FIR No. 153 dated 17. 5. 1991, Police Station Sohana), vide judgment dated 3. 2. 1993. He had also been convicted under Section 25 of the Arms Act by the Additional Sessions Judge, Sonepat, for a period of six months on 3. 2. 1923 in FIR No. 162 dated 27. 5. 1991.

(3.) CASE set up by the petitioners in this petition is that the jail authorities were grossly negligent in the discharge of their duties as they failed to maintain discipline amongst prisoners. They also failed to keep dangerous prisoners like Krishan separate and entrusted him with a kassi, which could be used as a weapon. Accused Krishan, who was undergoing life imprisonment on two counts, was allowed to mix with the underlial prisoners, which was violative of the prohibition provided under the Punjab Jail Manual. Deceased Ranbir Singh, 25 years of age, was an agriculturist and owned 7 kanals 18-1/2 marlas of land. Besides farming, deceased had kept four buffaloes and was earning Rs. 4,000/- per month by selling milk. Sudden death of Ranbir Singh has served an emotional as well as financial set-back to his family, which was fully dependent upon him and had no independent source of income; that the respondents are jointly as well as severally liable for depriving Ranbir Singh of his life. Jail institutions are owned and managed by the state through its servants and the death of Ranbir Singh was caused due to sheer negligence and breach of duty of the jail authorities and, therefore, the respondents are liable to compensate the petitioners for wrongful death of Ranbir Singh.