SUNITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application under Article 226 of the Constitution Of India has been filed directing the respondents -authorities to pay the petitioner a suitable amount of compensation for causing death of her husband, namely, Shaligram Paswan, who died by a gun shot injury, which is said to have been inflicted by named accused -persons of Sabour P.S. Case No. 252/96, who were deputed to maintain law and order on the eye of Kali Puja and Chhath.

(2.) THE short fact of the present case is that on 17.11.1996 while the deceased was coming from the market after selling fruits, he was caught hold by Jawans of the Home Guards, who were on the official duty and snatched Rs. 300/ - as well as a wrist -watch. They also took the husband of the petitioner in their custody. On protest by the brother of the deceased, it was said that the allegation of theft is on him and he would be released only after the office -in -charge come to the Police Station but after some time when the brother of the deceased returned to the Police Station, he came to know that his brother has already been killed by Bahadur Yadav, a Jawan of the Homeguard, who fired from his rifle inflicting gun -shot injury on the neck of the husband of the deceased.

(3.) A notice was issued to the respondents and a counter -affidavit has already been filed by Respondent No. 8, the Superintendent of Police, Bhagalpur as well as Respondent Nos. 4 to 7 separately.