V.M.JAIN,J - (1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioners, for the registration of a case against the Superintendent of Central Jail, Amritsar for causing the death of Jagir Singh, during custody, while ledged in Central Jail, Amritsar.
(2.) IN the petition it was alleged that the petitioners were legal heirs of Jagir Singh, deceased. It was alleged that Jagir Singh, deceased was convicted by the Court and was in custody as a convict in Central Jail, Amritsar. It was alleged that the petitioners received letter dated 6.6.2000 from Superintendent of Central Jail, Amritsar, to the effect that Jagir Singh had committed suicide by hanging himself. It was alleged that petitioners took the dead body of the deceased from the jail authorities after post mortem examination and the last rites were performed. It was alleged that since the death of Jagir Singh had take place in the custody of jail authorities, the jail authorities were fully responsible for his death. It was alleged that there was absolutely no reason for Jagir Singh, deceased to have committed suicide and only jail authorities should explain the circumstances under which he committed suicide. It was alleged that petitioners moved application before the SSP Amritsar for conducting detailed inquiry and for registration of a case against the jail authorities, but no action had been taken by the SSP. It was accordingly prayed that a criminal case be got registered against the jail authorities for the death of Jagir Singh, deceased and State be directed to pay Rs. 10 lacs as compensation to the petitioners, for the custodial death of Jagir Singh. In the written reply filed by Jhalman Singh, DSP, Amritsar, it was alleged that Jagir Singh, deceased was convicted in a case under Section 302 IPC, in case FIR No. 78 dated 11.10.1995 of PS Islamabad and was in the custody of Central Jail, Amritsar. It was admitted that post mortem examination of the deceased was conducted by the Government Medical College Hospital authorities. It was admitted that an application from the petitioners was received before the office of Senior Superintendent of Police, Amritsar, which was duly marked for inquiry to Shri Darshan Lal, DSP Headquarters and he had submitted his report to SSP Amritsar, who had sent his report to I.G. Police, Amritsar, vide letter dated 26.8.2000, copy Annexure R-1. It was alleged that a thorough enquiry was made into the matter and during inquiry, it was found that no cognizable offence was made out against the jail authorities. It was found that Jagir Singh, deceased had died due to suicide. Separate reply was filed by Jagjit Singh, Superintendent, Central Jail, Amritsar, in which it was alleged that intimation regarding the death of Jagir Singh was sent to his parents, vide letter dated 6.6.2000. It was further alleged that after completing all the formalities i.e. inquest and post mortem examination, dead body of Jagir Singh was handed over to his brother Dharam Singh on 7.6.2000 for last rites of the deceased. It was alleged that Jagir Singh had committed suicide in the jail. It was alleged that no official of the jail was responsible for the death of Jagir Singh, but he had committed suicide due to his family problems.
(3.) I have heard the counsel for the parties and have gone through the record carefully.;