ORDER

1. This petition was entertained on a letter sent by the wife of the deceased Ramjit Upadhayaya who was killed by a co-accused while serving out his sentence under Section 302 IPC in Central Jail, Varanasi. The petitioner and her children have claimed compensation both in law and on compassionate grounds. Reports were obtained from the Inspector General of Prisons, U.P. and the Superintendent, Central Jail, Varanasi. They confirm that Ramjit Upadhayaya was killed by a co-accused. A counter-affidavit was also filed by Deputy Jailor, Central Jail, Varanasi, admitting that Ramjit Upadhayaya was killed by co-accused, Happu, against whom case under Section 303 has been registered. Affidavit was filed on behalf of the Government as well stating that there was no provision in the U.P. Jail Manual for grant of compensation to the family of the deceased convict.

2. Ramjit Upadhayaya was a convict and was working as a Nambardar in the jail. He was strict in maintaining discipline amongst the co-accused. It was due to this strictness in his behaviour as Nambardar that he was attacked and killed by Happu - a co-accused. Even though Ramjit Upadhayaya was Under Article 32 of the Constitution