- (1.) Heard learned counsels for both the sides.
(2.) This writ petition has been filed by an unfortunate widow, whose husband was taken into custody in connection with a criminal case and he died in Judicial custody in unfortunate circumstances. The petitioner has claimed due compensation and a Government service for the death of her husband, who was arrested by the police un 31.5.1999 in connection with Murhu P.S. Case No. 24 of 1999, which was instituted for the offence U/Ss. 302/34/120B of the IPC and Sec. 27 of the Arms Act. The detenue Suresh Kashyap was remanded to Judicial custody on 2.6.1999 and it is alleged in the writ petition that during the period he was in police custody, he was badly assaulted by the police, due to which he sustained internal injuries. It is further alleged that while in jail custody, his condition deteriorated and when his family members came to know about his ailments, they requested the Jail Authorities on 4.6.1999 for shifting him to hospital for proper treatment. It is further stated in the writ application that on 10th June, 1999, the brother of the deceased requested the Jail Doctor to refer his brother to Rajendra Medical College Hospital, Ranchi as his condition had deteriorated a lot, but the Jail Doctor demanded three bottles of beer and mixture as bribe and when he was provided with these articles, then only the patient was referred to Rajendra Medical College Hospital, Ranchi. In serious condition, on 10.6.1999, where he died in course of treatment on 12.6.1999.
(3.) Without going into the further averments of the writ application, it may be pointed out that during the pendency of this writ application, an Enquiry Report bearing letter No. 792 dated 14.6.1999, has been brought on record by the Respondent State, which was jointly submitted by the Deputy Commissioner, Ranchi and Senior Superintendent of Police, Ranchi, who had inquired into the incident By order dated 13.7.2001, passed in this writ application, the said report has been made part of the record. From perusal of this report, it appears that the Deputy Commissioner, Ranchi and Senior Superintendent of Police, Ranchi, upon inquiry, had come to the following findings:- (i) Suresh Kashyap was arrested on 31.5.1999 and subsequently he was remanded to the-jail custody. (ii) Said Suresh Kashyap was not named in the FIR and he had no criminal antecedent (iii) The people in general had complained about the behavior of the police officials who had arrested this person, that they were unnecessary harassing the people and they were in habit of misbehaving with the people. (iv) While Suresh Kashyap was in jail custody (i.e., from 2.6.1999 to 10.6.1999), the conducts of the Superintendent of Jail and the Medical Officer of the jail were highly dis-satisfactory. (v) Upon inquiry, it was found that (he Medical Officer of the jail had made false attendance from 5.6.1999 to 10.6.1999, even though, during this period he was absent from duty. (vi) On 10.6.1999, when the family members of Suresh Kashyap requested the Medical Officer to refer the detenue to RMCH, Ranchi for necessary treatment, the Doctor demanded three bottles of beer and mixture and only after the demand was fulfilled, the Doctor, referred the detenue to RMCH Ranchi and at that time, the Jail Superintendent was also present (meaning thereby that the demand and supply of bottles of beer and mixture had taken place in the presence of the Jail Superintendent) and the said articles were accepted by one Suresh Thakur, who was an employee in the jail, under the pressure of these officials;