ANIMA DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner is the widow of late Benu Sukla Baidya and has filed this petition alleging that her husband is the victim of police torture and died in custody.

(2.) The undisputed facts are that Sri Benu Sukla Baidya (deceased) was accused in Police Case No. 21 of 2013 registered at Police Station Kamalpur under Section 457 and 380 of the Indian Penal Code. It is not disputed that he was arrested by the police on 21.04.2013 as a suspect in the case. Benu Sukla Baidya was produced by the Investigating Officer in the Court of the SDJM, Kamalpur on 22nd April, 2013. A prayer was made that the accused be remanded to police custody for 10(ten) days. The Magistrate vide his order dated 22nd April, 2013 allowed 5(five) days police remand and also directed that the accused should not be unnecessarily harassed and should be got examined by a Government Medical Officer after every 48 hours. The accused was also directed to be produced before the Court of the SDJM, Kamalpur on 26.04.2013 along with medical report of the accused.

(3.) The petitioner's husband was therefore, admittedly in the custody of the police. The dispute arises hereinafter. According to the petitioner her husband was tortured and killed by the police whereas the case of the police is that the deceased attempted to commit suicide. He was found hanging and his body was pulled down and was shifted to the hospital at Kamalpur. Thereafter he was brought to the hospital at Agartala and then taken to Kolkata. Unfortunately, he expired at Kolkata.