SMT. ROLALI Vs. THE STATE OF MIZORAM AND OTHERS
LAWS(GAU)-2018-4-147
HIGH COURT OF GAUHATI
Decided on April 13,2018

Smt. Rolali Appellant
VERSUS
The State of Mizoram and Others Respondents

JUDGEMENT

N.SAILO,J. - (1.) AND ORDER Heard Mr. C. Zoramchhana, the learned counsel for the petitioner as well as Mrs. Linda L. Fambawl, the learned Government Advocate, who appears for all the respondents. By filing this Writ Petition under Article 226 of the Constitution of India, the petitioner has claimed for adequate amount of compensation on account of the custodial death of her husband namely, Lalpiangliana, under public law or any other law applicable to the case.
(2.) Brief facts of the case may be narrated at the outset. The deceased Lalpiangliana was arrested by the police in connection with Vaivakawn P.S Case No. 135/2010 dated 18.06.2010 on account of his alleged involvement in commission of an offence punishable under Section 302 IPC. He was arrested and remanded to Judicial Custody on 19.06.2010. He died at the Civil Hospital, Aizawl at 3:45 A.M on 23.06.2010 due to the injuries sustained by him while he was under Judicial Custody. The post-mortem report dated 28.07.2010 revealed that there were as many as 24 injuries in his body. The opinion of the Medical and Health Officer on the cause of his death was due to the cumulative effect of multiple injuries in his body with the contributory effect of organic pulmonary deceases. The injuries were produced by blunt force impact. Due to his death, an FIR was lodged by Mr. Rodingliana Chawngthu on 01.07.2010 and as a result, Vaivakawn P.S Case No. 150/2010 was registered on the same date under Section 304/34 IPC and investigation conducted. Upon completion of the investigation, the Investigating Officer submitted the charge-sheet which was numbered as 56/2012 dated 29.05.2012 against 9 (nine) accused persons under different Sections of the IPC. However, to the utter surprised of the petitioner, Charge under Section 304 IPC was dropped against all the accused persons in spite of the fact that the deceased died as a result of cumulative effect of multiple injuries as was indicated in the post-mortem report. The learned counsel for the petitioner submits that out of 9 (nine) accused persons, accused Lalhmangaiha Sailo and Gnat Lalrinchhana have expired and consequently, there are 7 (seven) accused persons left who are currently facing trial before the Criminal Court.
(3.) Mr. Zoramchhana, the learned counsel for the petitioner submits that the petitioner was married with the deceased on 26.11.1982 and out of their wedlock, they have 5 (five) issues i.e., 3 (three) sons and 2 (two) daughters and they have all attained the age of majority. By referring to the Certificate dated 04.04.2018 (Annexure-6 to the additional affidavit filed by the petitioner on 06.04.2018), he submits that all the 5 (five) children of the petitioner have no objection on the relief claimed by the petitioner through the present writ petition. The learned counsel by referring to the additional affidavit submits that her husband, the deceased was taken to Judicial Custody on 19.06.2010 and thereafter on 21.06.2010, he was forwarded to the Civil Hospital, Aizawl. On being informed, the petitioner and her children went to the Civil Hospital to meet him. During such meeting, he told her that he was assaulted by the accused No. 2 Prem Nath while he was under custody of the police at Vaivakawn Police Station. He stated that he was taken out to Zohnuai, near the PWD site office, on a Bolero vehicle by the police personnels and on reaching the place, he was brutally assaulted by them. Thereafter, he was brought back to Vaivakawn Police Station and put inside the lock-up. The petitioner contends that when she visited her late husband in the hospital, she found him to be very weak and he was even unable to walk on his own. Therefore, her 2 (two) sons i.e., Ramfangzauva and Lalnunsanga stayed with him during night time to give him support and carry him as and when required. The petitioner also contends that her husband was handcuffed to the hospital bed despite the condition of her husband. The deceased, thereafter, passed away on 23.06.2010, due to the injuries sustained by him as was clearly revealed in the post-mortem examination report. After such examination, his funeral ceremony was performed on 23.06.2010.;


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