ANITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This intra court appeal has been preferred by the appellant/petitioner against the judgment dtd. 13/2/2015 passed in W.P.(C) No.3966 of 2013 by the learned Writ Court rejecting the claim of exemplary compensation. The writ petition was filed by the petitioner (appellant herein) for following reliefs:

(2.) The brief facts of the case as incorporated in the impugned order is that the husband of the petitioner (appellant herein) namely, late Basudeo Yadav was appointed as constable in the Jharkhand police in the month of April, 2005. While on duty, the husband of the petitioner was arrested on 26/12/2011 and was sent to judicial custody in connection with Bokaro Steel City PS. Case No. 492 of 2011 registered under Sec. 392 of the Indian Penal Code and he was placed under suspension vide order dtd. 1/2/2012. The fact further reveals that the husband of the petitioner was implicated in several other cases registered for various offences including offences under Ss. 419, 420, 379, 392 etc. of the Indian Penal Code. While in judicial custody, the husband of the petitioner suffered depression on account of his false implication in criminal cases and at the request of the jail authorities, he was sent for treatment and he was admitted in RINPAS, Ranchi on 17/4/2012 where two constables namely, Dinanath Pandey and Sanjay Kumar Singh were deputed for custody of the husband of the petitioner. On 29/6/2012, when both the constables were absent from duty, the husband of the petitioner allegedly escaped from hospital and Kanke PS. Case No. 108 of 2012 was registered under Sec. 224 of the Indian Penal Code on 29/6/2012 in this connection. Finally, the dead body of the husband of the petitioner was found on the railway track at Bokaro on 29/6/2012 and an U.D. Case No. 06 of 2012 was also registered on 30/6/2012.

(3.) It has been submitted by the learned counsel for the appellant that on account of negligence of the aforesaid police constables who were deputed for keeping eye upon the appellant's husband were negligent; her Husband probably went outside RINPAS and his dead body was found. She further submits that though one of the prayers was with regard to taking action against those two negligent constables, they were finally placed under suspension vide order dtd. 5/7/2012; however, no exemplary compensation has been awarded by the respondents. She further submits that after the death of her husband the appellant found it very difficult to maintain herself and her two children. Learned counsel lastly submits that admittedly the husband of the appellant was in judicial custody and due to negligence on the part of the two constables namely, Dinanath Pandey and Sanjay Kumar Singh he was found dead and thus, it requires no further proof that the respondent-State has failed to protect the life of the husband of the appellant; and accordingly learned counsel prays for reversal of the Writ Court order and consequently prays for a direction upon the respondent State to pay compensation amount of Rs.10,00,000.00 (Ten Lakh) to the appellant who is widow of the deceased, who died in police/judicial custody.