The state is vicariously liable for the death of a prisoner who died in prison due to the negligence of prison officials.

M. H. S. ANSARI, J.

( 1 ) AGGRIEVED against the orders awarding compensation to the dependants of a convict who died in prison, the appellants have preferred this Appeal.

( 2 ) WRIT Petitioner - Respondnet No. 1 is the father, Respondent No. 2 is the mother and Respondent No. 3 in this Appeal is the wife of the deceased Shankar. They claimed compensation on account of the death of the said Shankar who died on 10-8-1992. The said Shankar was imprisoned to undergo Life sentence when his death occurred. The learned single Judge awarded compensation to the mother of the deceased Shankar in a sum of Rs. 500/- per month to be paid by the appellants to her for maintaining herself and a lumpsum payment has been directed to be made to the 3rd respondent, Wife of the deceased Shankar in a sum of Rs. 25,000/- No compensation however has been awarded to Writ Petitioner - Respondent No. 1, father of the said Shankar on the basis of the allegations made by the said Shankar against his father. The learned single Judge has noticed that different versions have been putforth by the appellants and the Writ Petitioner - Respondents as to the cause of the death of the said Shankar. Whilst, Writ Petitioners - Respondnets claim that Shankar died on account of the torturous acts of the prison staff the appellants have stated in the detailed counter filed on their behalf, that the death of Shankar occurred on account of beating by a co-convict one Chakali Nagendrudu. It is stated that on the intervening night of 9/10-8-1992,one of the convicts by name Chakali Nagendrudu and Shankar had a scuffle when the said Chakali Nagendrudu inflicted injuries on the body of Shankar with a broken wooden piece which was kept in the latrine for cleaning purposes. On hearing the hue and cry of the other convicts who were in the same barrack, the staff of the Central Prison came running and opened the barrack and separated Shankar from Chakali Nagendrudu and rushed Shankar to Osmania General Hospital where he was given some treatment and later was declared dead by the Doctors. The appellants have denied that they are in any way responsible for the death of Shankar and disowned any responsibility to pay compensation on that account.

( 3 ) IT must be noted here that the deceased Shankar was on an earlier occassion imprisoned and was under going jail sentence, his wife seems to have given birth to a child which is said to be born through his (Shankar s) own father. Shankar is said to have developed grudge against his father and his wife and after his release from the prison, Shankar is said to have gone to his village and killed the child ruthlessly and on that charge, a Sessions Case No. 18 of 1988 was registered and Shankar was convicted and sentenced to undergo life imprisonment under section 302 IPC and also rigorous imprisonment for five years under section 377 of IPC, both sentences to run concurrently. It was while under going this imprisonment in Central Prison, Chanchalguda, Hyderabad that Shankar died on 10-8-1992. As on the date of his death, Shankar had completed nearly 4 years of jail term. He was aged about 39 years as on the date of his death and had another ten years of setence to undergo which would conclude by 2002, in all probability.

( 4 ) THE learned Addl. Advocate General has strenuously urged that in the absence of any specific finding to the effect that the prison staff caused the death of Shankar by any torturous acts, the State could not be made vicariously responsible for the death of Shankar which occurred on account of the beating by another convict in prison.

( 5 ) IT is not in dispute that Shankardied in prison where he was undergoing life imprisonment. What therefore, falls for consideration is whether the case is one of deprivation of life and is there any infringement of Article 21 of the Constitution of India. Article 21 of our constitution declares "no person shall be deprived of his life or personal liberty except according to procedure

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