POTHAGONI LAXMI ALIAS KALAL LAXMI Vs. GOVERNMENT OF ANDHRA PRADESH
LAWS(APH)-2008-11-23
HIGH COURT OF ANDHRA PRADESH
Decided on November 21,2008

POTHAGONI LAXMI ALIAS KALAL LAXMI Appellant
VERSUS
GOVERNMENT OF ANDHRA PRADESH Respondents




JUDGEMENT

- (1.)The husband of the petitioner, by name Narasimha Goud, was employed as a Heavy Vehicle Driver with a private firm at Hyderabad. He was also said to be the office bearer of Bhagyanagar Petroleum Tanker Drivers Cleaners and Workers Union, Hyderabad. The native place of Narasimha Goud is Singur in Medak District. It is stated that on 31.5.1999, Narasimha Goud was proceeding from Singur to Hyderabad on a scooter bearing No.AEP 2104 and on the way, he stopped at a Dhaba Hotel at Markapur Village, where an Armed Reserve Constable of Amberpet, by name B. Maniah, respondent No.5 and his friend, respondent No.6, were also taking tea.
(2.)According to the petitioner, the scooters of her husband and the 5th respondent were similar and under a mistaken impression, Narasimha Goud tried to start the scooter of respondent No.5. Thereupon, respondents 5 and 6, caught hold of Narasimha Goud, beat him severely and handed over him to Kondapur Police Station, alleging that he tried to commit theft of scooter. A case in Crime No.42 of 1999 was registered under Section 13 of the A.P. Lunatics Act. The petitioner states that the P.S. Kondapur handed over Narasimha Goud to P.S. Sadasivpet, and there, 5 or 6 Constables have severely beaten him, in the presence of C.I. of Police. It is stated that when on the next day i.e., 1.6.1999, the police sensed that Narasimha Goud is going to die, his maternal uncle by name Anjaiah, was called and he was handed over. Narasimha Goud died within 4 or 5 hours, after his release from the police custody. The petitioner states that the death of her husband was caused only on account of the torture and physical assault by the police and claims compensation of Rs.5,00,000/- apart from action against the persons responsible for the death of the deceased.
(3.)A counter-affidavit is filed on behalf of respondents 3 and 4, by the Circle Inspector of Police. It is stated that respondents 5 and 6 gave intimation to the Sub-Inspector of Police, Kondapur on 31.5.1999 at about 15:00 hours alleging that the deceased Narasimha Goud tried to commit theft and escaped, and that they have caught hold of him by chasing. It is also stated that a Head Constable was deputed, who, in turn, brought Mr. Narasimha Goud to police station and a case was registered. The allegation as to physical assault is denied. According to the counter-affidavit, the maternal uncle of the deceased came to the police station with a request to release him, pleading that Narasimha Goud was a lunatic and accordingly at 11:00 a.m. on 1.6.1999, the detenue was released. The death of the deceased is said to be on account of excessive consumption of alcohol.
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