PREMSHILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Petitioner is the wife of late Sunil Kumar who was taken in custody on 20th October, 1997 in connection with Kankarbagh P.S.Case No. 428 of 1997 for the offence under Section 395 of the Penal Code. While in custody Sunil Kumar left for his heavenly abode on 01.12.2000. This writ petition was filed on 10.01.2006 by his wife praying, inter alia, to direct the State-respondents to pay compensation as his death was preceded by utter neglect of the jail authorities from the date of his admission i.e. 20.10.1997 till 18.11.2000, during the said period he was never attended to by the jail doctor and others incharge of the prison and suffered tuberculosis.

(3.) Aforesaid prayer is being refuted by the State-respondents by filing counter affidavit and supplementary counter affidavit placing on record the prescription of the jail doctor dated 18.11.2000 and further steps taken in the light of the advice rendered by the jail doctor from 18.11.2000 till the date of death i.e. 01.12.2000. In this connection it is also submitted that Sunil Kumar was examined by the jail doctor on 18.11.2000 who found him weak, restless, suffering from cough, breathlessness as also addicted to smack. When his condition did not improve, he was again examined on 22.11.2000 by the jail doctor who directed the jail authorities to subject Sunil Kumar to undergo X-Ray, E.S.R. test at Patna Medical College Hospital. In the light of the direction of the jail doctor, Superintendent of Beur Jail under petition dated 22.11.2000 requested the court concerned for his treatment at P.M.C.H. In response whereto the learned Magistrate passed order dated 23.11.2000 granting permission for treatment of Sunil Kumar at P.M.C.H. In the light of the permission granted by the court concerned request was made under Letter No. 4418 dated 27.11.2000 to the Senior Superintendent of Police, Patna to shift Sunil Kumar to P.M.C.H. but as escort was not made available, he could not be shifted to P.M:C.H. and ultimately died on 01.12.2000 at Beur Jail. After the death of Sunil Kumar U.D. Case No. 4135/2000 dated 01.12.2000 was registered and inquest-report was prepared by Sri Dinesh Kumar Singh, A.S.I. on 02.12.2000 at 12.30 P.M. The inquest-report has also been countersigned by the Executive Magistrate with endorsement that the report in regard to the cause of death shall be submitted after receipt of the post mortem report. The post mortem on the dead body of Sunil Kumar was performed on 02.12.2000 by Dr. Arvind Kumar Singh, Assistant Professor, Department of Forensic Medicine, P.M.C.H., Patna. Having performed the post mortem the dead body of Sunil Kumar was handed over to the petitioner on 02.12.2000 itself vide receipt, Annexure-G to the counter affidavit. Having delivered the dead body to the petitioner information was also given to the court concerned and to substantiate the fact that the information was given to the court concerned reliance is placed on the order-sheet of Sessions Trial No. 1107 of 1998 of the court of Sessions Judge, Patna. Perusal of the order dated 15.01.2001, however, indicates that records of the said sessions trial was transferred to Assistant Sessions Judge-I, Patna but information about the death of Sunil Kumar was given to Additional Sessions Judge-VIII, Patna under letter dated 20.12. The Year in which the said letter is said to have been issued is not stated in the letter. Close perusal of the letter, however, indicates that the said letter was signed by the Superintendent, Beur Jail on 06.12. but issued on 20.12. without indicating the year in which the same is being issued. Sunil Kumar was also accused in connection with Kadamkuan P.S.Case No. 343 of 1997 which was pending in the court of Judicial Magistrate at the time of his death. After the death of Sunil Kumar information was given by his pairvikar on 05.01.2001 to the court concerned that Sunil Kumar has left for his heavenly abode whereafter report was sought from the Superintendent of Beur Jail under orders dated 03.02.2001 in response whereto report was received from the Superintendent which was noted by the court concerned on 27.02.2001 that the jail authorities have confirmed the death of Sunil Kumar.