TAPTI SADHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has invoked the extra-ordinary writ jurisdiction under Article 226 of the Constitution of India for monetary compensation to the tune of rs. 20,00,000/- (Twenty Lakhs) for the death of her son Sanjay Kumar Sadhu, aged about 25 years on account of 72% burn injury sustained by him in the Central Jail, Dumka. It was requested for setting up an enquiry into the custodial death of Sanjay aforesaid and to punish the real culprits.

(2.) THE fact of the case, in short, is that the petitioner's son Sanjay Kumar Sadhu (since deceased) had surrendered in the court of Chief Judicial Magistrate, Dumka on 26-10-2006 in connection with Masalia p. S. Case No. 67 of 2006 for the alleged offence under Section 366 of the Indian Penal code and he was remanded to judicial cus-tody on the same day. On 17-12-2006 it was alleged that during his such custody fire was lit in the body of his son Sanjay Kumar sadhu after pouring kerosene oil over his body as a result of which he sustained burn injury up to 6th stage. Sanjay Kumar Sadhu was immediately removed to Patliputra medical College Hospital, Dhanbad (PMCH, dhanbad) for better management of his burn injury and from there he was referred to rajendra Institute of Medical Sciences, ranchi (RIMS, Ranchi) where he succumbed his burn injury on 30-12-2006. According to the petitioner-mother, her son Sanjay kumar Sadhu was subjected to custodial death and hence, prayer was made for payment of compensation to the tune of rs. 20,00,000/- (Twenty Lakhs) and to set up a judicial and administrative enquiry to find out real culprits.

(3.) THE Superintendent of Police, Dumka (Respondent No. 5) filed a counter-affidavit seating therein that the son of the petitioner, namely, Sanjay Kumar Sadhu had surrendered in the Court of Chief Judicial magistrate, Dumka on 26-10-2006 for the allegation of kidnapping a girl Anuradha Kumari and accordingly, he was remanded to the judicial custody on the same day 26-10-2006 for the alleged offence under Section 366 of the Indian Penal Code. On 17-12-2006 O. D. slip was issued from the Sadar hospital, Dumka, addressed to the Dumka police, stating therein that Sanjay Kumar sadhu, aged about 25 years, was brought to the Sadar Hospital from Central Jail, dumka for his treatment. Statement of sanjay Kumar Sadhu was recorded on 17-12-2006 at about 10:45 a. m. in Sadar hospital, Dumka in course of his treatment and in presence of his mother-writ petitioner tapti Sadhu and father Sapan Kumar Sadhu in which he admitted that on the same day i. e. on 17-12-2006 at about 9:00 a. m. he had poured kerosene oil over his body and lit the body with the help of matchstick with the intention to commit suicide. He sustained severe burn injuries all over his body. On the statement of the victim Dumka Town p. S. Case No. 281 of 2006 was registered for the offence under Section 309 of the Indian penal Code for attempting to commit suicide against the victim himself on 17-12-2006. On affidavit the respondent stated that the victim informant was very much conscious at the time of delivering his statement before the police in presence of his parents (Annexure-A ). At the same time, a complaint petition was filed before the Chief judicial Magistrate, Dumka, which was received at the police station, under Section 156 (3) of the Code of Criminal Procedure on the basis of which Dumka Town P. S. Case no. 80 of 2007 was registered on 19-3-2007 after about three months for the alleged offence under Sections 306/166/167 of the indian Penal Code against the Superintendent of Central Jail, Dumka, Gurupado pandit, wife of Gurupado Pandit and one damodar Pandit.