LAWS(PAT)-1995-2-73

BAHLEN BALMUCHU Vs. STATE OF BIHAR

Decided On February 15, 1995
BAHLEN BALMUCHU Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard The petitioners who are next of the kin of the three deceased, who are alleged to have been murdered by the police, have filed the present application for compensation for the violation of fundamental right to life. According to petitioners, the husband of petitioner Nos. 1 & 2, namely, Wilson V.Roy and Prabhu Sahay Kiro and son of petitioner No. 3 Udai Narayan Sharma were murdred by the police and to save their skin a case was registered being Jagarnathpur P.S. Case No. 162/90 under Sections 395, 412 of the Indian Penal Code and Section 25(F), 26 & 27 of the Arms Act. According to them, in presence of the large number of people, the police arrested the aforesaid three persons and mercilossly assaulted them as a result of which two persons died on the spot and one person died in the hospital. Petitioners moved before the higher police authority for taking action against the police officials concerned but no action was taken and then the petitioners filed a complaint case but in that case also, no action was taken, and thereafter they moved before the Supreme Court and on the order of the Supreme Court, the police officials concerned were arrested. The petitioners are claiming compensation on the ground that the fundamnetal right to life of their family members have been taken away by the police officials of the State Government and as such, the State is liable to pay the compensation. A counter-affidavit has been filed on behalf of the State wherein it is stated that the Supreme Court in writ petition (Criminal) No. 621/92, vide Annexure-A to the counter-affidavit, his ordered for ex gratia payment of Rs. 25,000/- each to next of the kin of all the three deceased by order dated 7th May, 1994 and in pursuance of that, the State Government his issued cheques of Rs. 25,000/- each and the same has been paid to petitioner Nos.1 and 2. With regard to payment to dependant of deceased Udai Narayan Sharma, it is stated that Smt. Sunita Devi is not living in village Hesage and efforts are being made to trace the whereabouts of Smt. Sunita Devi and thereafter, the payment will be made.

(2.) From the materials on the record, it appears that a case being Jagaranathpur P.S. Case No. 162/90 under Section 395 and other sections of the Indian Penal Code was registered against the three deceased and others on the allegation that they committed dacoity in the shop of Hera Lal Sah and while they were running away, they were apprehended and brutally assaulted by the public as a result of which two persons died on the spot and one person died in the hospital. According to the petitioners, the aforesaid case was manufactured by the police. As a matter of fact the police apprehended the three deceased while they were going in connection with their work and brutally assaulted in presence of large number of persons as a result of which two persons died on the spot and one persons died in the hospital. It further appears that the case against the police officials concerned is also pending and on the direction issued by the Apex Court in writ petition (criminal concerned No. 621/92 the police officials were arrested. It further appears from Annexure-A appended to the counter-affidavit that in writ petition (Criminal) No. 621/92 the Apex Court has held :

(3.) After having gone through the entire materials, taking into consideration the order of payment passed by the Apex Court and in the facts and circumstances of the case, I am High Court was of the view that at this stage no order for payment of compensatiuon can be made in favour of the petitioners. However, after the disposal of the criminal case, if it is found that the aforesaid persons were murdered by the police officials then it will be open for the petitioners to move for payment of adequate compensation in accordance with law.