MOSOMAT PARMILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner claims compensation on account of custodial death of her husband.

(2.) PETITIONER 'scase is that on 2nd July, 1998 a news was published in the daily news paper that two convicts died in the Central Jail, Ranchi. One was Mateshwar Thakur, the deceased husband of the petitioner and another was Gouri Singh after taking meal and also spirited wine. Late husband of the petitioner was aged about 30 years who have been convicted U/s 302/34 I.P.C in Sessions Trial No. 193/92 passed by II Additional Sessions Judge, Gumla. Against the aforementioned judgment of conviction and sentence, deceased husband of the petitioner preferred appeal before this Court being Criminal Appeal No. 26/95R and the same is said to be pending. Petitioner 'scase is that her husband died leaving behind the petitioner, four minor sons, one married daughter. It is stated that on 2nd July, 1998 it was published in the newspaper that the deceased husband of the petitioner died in Ranchi Central Jail after taking spirited wine but the Jail Authority stated that they died due to food poisoning. Petitioner 'scase is that the death certificate granted by the Doctor and the postmortem report clearly shows that the deceased died in e jail custody due to negligence of the concerned respondent. Petitioner states that she has no means of her survival and also not in position to maintain and manage even food for her minor children. she therefore claims a sum of Rs. 2,50,0OO/ - by way of compensation because of custodial death of her husband.

(3.) I have heard Mr. B. P. Jaiswal, learned counsel for the petitioner and Mrs. Ritu Kumar, learned Junior Counsel to Government Advocate. 4/1/2013 Page 80