LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petitioner who was real brother of one Bajrang Lal S/o Banna Lal has moved this writ petition for a direction to respondents to order an enquiry into the matter of unnatural and untimely death of deceased Bajrang Lal on 13. 11. 95 through an Independent Agency and also to direct respondent to prosecute the real culprits and to pay adequate compensation for the untimely and unnatural death of said Bajrang Lal in custody of Police.

(2.) IT is the allegation of petitioner that his real brother Bajrang Lal (hereinafter called as `deceased') aged 29 years having good physique and good health, who was working as driver of truck No. RBA 4625 was involved in a minor truck accident with another truck RSQ 5009 and there was a small quarrel between the brother of petitioner and another truck driver Kishan Lal & Khalasi Mithu. A report was lodged by deceased in Police Station Chandriya as FIR No. 348/95 for the offence under Sec. 341 and 323 IPC, against the said persons on 31. 10. 95. The counter FIR was also reported by the driver of other truck on the same day and the truck No. RBA 4625 was taken into custody by the police. Therefore, the deceased returned back to his village and reported the matter to truck-owner Shamsuddin.

(3.) IT was a case which needed complete and further investigation. Even though the Officer-Incharge had filed the written statement, but no report of chemical examination of Visra has been produced on record or there is no explanation about congested condition of many important organs, as narrated above. IT becomes more necessary in view of the healthy body of deceased of 29 years of age and who had no previous history of any heart disease. The expert opinion of medical examination in this regard is required.