J.N. PATEL, J.:- Petitioners are wife, children and parents of deceased Manoj Chhotelal Verma, who have approached this Court by invoking its extra-ordinary jurisdiction under Articles 226 and 227 of the Constitution of India, claiming compensation in the sum of Rs.9,50,000/- alongwith costs of Rs.50,000/from the respondent/State and its officials for the custodial death of Manoj Verma who died while he was in custody of Police Station, Ganeshpeth on being arrested for having committed offence punishable under Sections 294 and 506-B of the Indian Penal Code, registered vide Crime No.3229/2003.

2. The indisputed facts can be summed up from the pleadings of the parties and as admitted and presented in the submissions made on behalf of respondent No.1 and are reproduced as under:

That on 28-10-2003 at about 18.00 hours the Control Room gave information to the Police Station, Ganeshpeth that police staff is required at Vajpeyi Mandir at Bajeriya area as some quarrel is going on. On receiving this information from the Control Room the day officer i.e. Respondent No.4 Shri. Saraf alongwith Police Constable Jiralal (Respondent No.6) and Police Constable Rajendra (Respondent No.5) went on the spot in the Police Jeep. They apprehended Manoj Verma and he was beaten by fists blows and stick by the said Police Officers and brought him in the Police Jeep to Police Station, Ganeshpeth and produced the apprehended accused Manoj Verma before the Police Inspector Mr. Vasant Ade (Respondent No.3). It is submitted that the said entry is appearing in the Station Diary at Sr.No.49 at about 19.00 hrs. It is submitted that the Respondent No.3 has interrogated the accused Manoj Verma and gave further investigation to Respondent No.4. The day Officer P.S.I. Arvind Saraf-Respondent No.4 sent the accused Manoj Verma for the Medical examination alongwith Respondent No.5 Rajendra Boldhan and another Police Constable Subhash B.No.712 in Government Jeep. The deceased Manoj Verma was taken to Government Medical College, Nagpur. The Medical Officer Dr. P.M. Revale examined Manoj Verma at 19.20 hrs. and has given opinion "No complaints, No external injuries seen at present....

3. On perusal of Station Diary of Police Station, Ganeshpeth it is revealed that i Manoj Verma was brought back to the Police Station at 19.45 hrs. At 20.00 hrs. complainant Rajesh Gandalal Yadav lodged a report to Police Station, Ganeshpeth and Crime No.3229/2003 was registered for an offence punishable under Sections 294, 506-B of Indian Penal Code and that being an offence registered against Manoj Verma, he was confined in the police lock-up. It is further revealed from the record that the Respondent No.4 with the help of staff, took out deceased Manoj Verma out of the Cell at 20.15 hrs. Then Manoj Verma, having chest pain, according to the police staff, was taken to Government Hospital by respondent No.6 and other police constables. Manoj Verma was examined by Medical Officer Dr. R. V. Tamhne at 11.30 hrs. and the Doctor gave report that "Patient is brought dead". The Respondent No.6 P. C. Jeerala gave a report to the Police Station, Ganeshpeth and therefore A.D. was registered under Section 174 of the Code of Criminal Procedure at about 22.25 hrs.

4. The Taluqa Magistrate having been informed rushed to the Government Medical College, Nagpur and prepared inquest panchnama. According to inquest panchnama there were external injuries on the body. The body was then referred for post-mortem. In the mean time Sujit Verma, brother of the deceased, had lodged a report on 29-10-2003 at about 00.48 hrs. against the police officers. The matter was taken up for investigation by the State C.I.D. (Crime).

5. It is submitted that as per the Postmortem Report the Medical Officer found the following injuries on the body of Manoj Verma.

EXTERNAL INJURIES 1. Contusion present over medical aspect of left knee and upper third leg, obligue, 15 cm x 2 cm cut section blood & blood clots + bright red in colour 21

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