MAMTA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State and the Amicus Curiae.

(2.) Petitioner is the widow of late Birendra Sao, who suffered accidental death on 15.10.2006 at the instance of police party when the police party went to the village of the petitioner to contain criminal activities. Such fact is evident from the First Information Report dated 15.10.2006 on the basis of which Fatehpur P.S. Case No. 150 of 2006 dated 15.10.2006 was registered for the offence under Sections 395, 397 of the Indian Penal Code against the unknown miscreants. Later, Fatehpur P.S. Case No. 152 of 2006 was also registered against the police constable, Janardan Singh, who caused accidental death of the husband of the petitioner. After investigation, initially charge-sheet was submitted against the named constable for the offence under Section 304 of the Indian Penal Code. Court below, however, differing with the police report took cognizance for the offence under Section 302 of the Penal Code and Section 27 of the Arms Act. Later the case has been committed to the court of sessions for trial of the constable who shot dead the husband of the petitioner.

(3.) By filing the present writ petition, petitioner, the widow of late Birendra Sao has prayed for grant of compensation to the tune of (') 15,00,000/- as also to provide her with a Government job as her husband was deprived of his life without due process of law. In this connection, learned counsel for the petitioner invited my attention to Article 21 of the Constitution of India, which is quoted herein below for ready reference: