JARAM SINGH Vs. STATE

JUDGEMENT

(1.) On May 22, 1986, the petitioner who is a resident of village Jangla, Pargana Panjala, District Chamba, addressed a letter to one of us (Chief Justice), which has since been registered as a writ petition, complaining that his wife, Brahmi Devi, died on October 23, 1984, while returning home in the evening, on account of being hit by a stone which rolled down from the upper side of the road, where the labourers engaged by the Public Works Department were carrying out construction work of another road. The petitioner stated that he had to look after his two minor children after the accidental death of his wife and that on that account he was required to give up his employment with a private firm which yielded an income of Rs. 300/- per month. The petitioner further submitted that he had approached the Public Works Department authorities for giving him an appropriate relief but his request had fallen on deaf ears. He also submitted that on account of poverty, he was unable to approach the court irregular course and that justice be done by granting him an appropriate relief. Annexed to the petitioner was the English translation of the Daily Diary Report No. 18 recorded at 9.30 P.M. at the Police Station, Sadar Chamba, District Chamba on October 23, 1984 and a copy of the Post-mortem Certificate issued by the Senior Medical Officer, In charge, District Hospital, Chamba.

(2.) The Daily-Diary Report shows that information was lodged by one Gain Chand, s/o Kharku, resident of village Janjla, who was at the material time accompanied by Dhoda Ram, s/o Jindi, r/o Sakela, and Thakur Chand, s/o Prabhu Dayal, r/o Jeelo, in the following terms :

(3.) The Post-mortem certificate shows that the post-mortem on the dead body of deceased Brahmi Devi was performed on October 24, 1984 by the Medical Officer, Dr. P.P. Singh, in whose opinion the death had occurred "due to Head injury due to stoning leading to Brain Intragranial Haemorhage leading to shock and death". The death had occurred within a period of twenty four hours prior to the holding of the postmortem examination.