KAROLLA JAYAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking to issue a Writ of Mandamus declaring the action of the Respondents in denying the claim of compensation to the Petitioner on account of death of her husband by name Karolla Venkaiah (Prisoner No.6917) in Central Prison at Cherlapally, Rangareddy District, as illegal, arbitrary, discriminatory and without jurisdiction and violative of the fundamental rights guaranteed under Article 21 of the Constitution of India and consequently, prayed this Court to direct the Respondents to award Compensation of Rs.10,00,000.00 (Ten Lakhs only) to the Petitioner on account of death of her husband Karolla Venkaiah in Central Prison at Cherlapally, Rangareddy District and for other reliefs.

(2.) It is the case of the petitioner that she is the wife of Karolla Venkaiah, who was convicted in S.C.No.119 of 2010 by the learned III Additional District and Sessions Judge (FTC), at Medak and sentenced to undergo imprisonment for life for the offence under Sec. 302 r/w 34 IPC. The said Karolla Venkaiah, was admitted in Central Prison, Cherlapally, Ranga Reddy District on 11/5/2012 and was assigned Convict Prisoner No.6917. It is further case of the petitioner that questioning the conviction and sentence awarded in S.C.No.119 of 2010, her husband Karolla Venkaiah preferred Criminal Appeal No.506 of 2012 on the file of this Court. While the said Karolla Venkaiah was undergoing sentence of imprisonment in the prison, on 4/7/2012, the Co-prisoner i.e, Dasari Narsimulu S/o. Ramulu, Convict Prisoner No.9772 attacked the Karolla Venkaiah and other inmates with a sharp object, due to which Karolla Venkaiah, succumbed to injuries while undergoing treatment in Gandhi Hospital at 6:30PM. It is further case of the petitioner that her husband-Karolla Venkaiah died due to the injuries inflicted by the Co-prisoner No.9772 and the incident occurred due to gross negligence of the Jail authorities, who failed to prevent the assailant from possessing the sharp weapon while in custody and due to possession of such object, the Co-prisoner could attack the deceased and other innocent persons resulting in death of her husband-Karolla Venkaiah. It is further case of the petitioner that her husband was an agriculturist and on account of his untimely death, she was put to hardship suffering mentally and financially and that the State is liable to pay compensation under public law remedy for deprivation of life and liberty of the deceased. Therefore, the petitioner prayed this Court to direct the respondents to pay compensation of Rs.10,00,000.00 to her on account of death of her husband-Karolla Venkaiah in Central Prison at Cherlapally, Ranga Reddy District.

(3.) The Respondent No.4, who is working as Superintendent, Central Prison, Cherlapally, has filed counter affidavit on behalf of respondents and stated that the petitioner's husband-Karolla Venkaiah S/o. Pardesh, (Convict Prisoner No.6917), aged about 55 years, R/o. Kusangi Village, Tekmal Mandal, Medak District, was convicted for the offence under Sec. 302 r/w 34 IPC and sentenced to undergo imprisonment for life in S.C.No.119 of 2010 on the file of III Additional District Judge, Medak at Sangareddy on 10/5/2012 and he was admitted in Central Prison, Cherlapally on 11/5/2012 and undergoing the sentence of imprisonment. It is further stated that the Convict Prisoner No.9772 Dasari Narsimulu S/o. Ramulu was shifted to Central Prison, Cherlapally on transfer from District Jail, Nizamabad on 8/7/2012 and he was undergoing sentence of imprisonment for the offences under Ss. 307, 498A, 420 IPC and Sec. 20(B)(1) of NDPS Act. It is further stated that on the morning of 2/7/2012, said Dasari Narsimulu, stolen broken scissors from barber prisoner and secretly kept them in the bushes near his barrack and on 3/7/2012 during the lockup time he took the broken scissors from the hidden place and kept them outside the window of his barrack and on 4/7/2012 at about 4:20 AM, he attacked the deceased Karolla Venkaiah and five other convict prisoners, who were in deep sleep by using the said scissors. Immediately, the injured were shifted to Gandhi Hospital, Secunderabad for better treatment and while undergoing treatment, the Convict Prisoner Karolla Venkaiah expired at about 6:10 AM on 4/7/2012. It is further stated that a case in Crime No.441/2012 was registered against the Convict Prisoner Dasari Narsimulu for the offence under Ss. 302, 307 IPC and Sec. 176 Cr.P.C.