LAWS(J&K)-1998-2-25

GIAN SINGH Vs. STATE OF JAMMU & KASHMIR

Decided On February 27, 1998
GIAN SINGH Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) THE undisputed facts as taken from the objections preferred by the State Government are that one Kamlesh Devi wife of petitioner No. 1 and mother of petitioner Nos. 2 and 3 died in a firing incident. This firing was resorted to by the police party who were chasing two persons namely Subash Chander and Sanjay. They were involved in a case under Sections 307/34 of the Penal Code and Sections 3/25 of Arms Act. The incident took place on 24th day of June 1994. The police party moving on motor cycles were chasing the aforesaid two persons. They made use of their fire arms. A stray bullet hit Kamlesh Devi. She was sitting in a bus. It was at Vikram Chowk Jammu, the bullet hit her. She died. FIR 360 of 1994 came to be registered.

(2.) THE petitioners seek compensation from the State.

(3.) THERE is enough judicial precedent to the effect that interference can be made under Article 226 of the Constitution of India. Some of the decision dealing with scope of Articles 32 and 226 of the Constitution of India be noticed. In Rudal Sah v. State of Bihar, AIR 1983 SC 1056, it was said :