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2009 Supreme(Bom) 608

A.P.LAVANDE, PRASANNA B.VARALE
Satyavatibai w/o Anantsingh Chauhan – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. S. A. MARATHE, Advocate for the Petitioner. Mrs. B. DANGRE, Addl. P.P. for the Respondents No.1 to 4.
Mr. R. DHORE, Advocate for Respondent No.5. Mr. P. A. DESHMUKH, Advocate for Respondents No.6 to 14,

A. P. LAVANDE:- By this petition under Article 226 of the Constitution of India. the petitioners seek direction against respondent no. 1 to pay compensation of Rs. Ten lakhs to the heirs of the deceased Inderjitsingh Anantsingh Chauhan, the son of petitioner no. 1 and brother of petitioner no.2 for the custodial death of Inderjitsingh.

2. Briefly, the case of the petitioners is as under:-

Inderjitsingh was working with Nagar Parishad, Pusad as peon in the year 2004 and was earning gross salary of Rs. 5893/- He was having three children namely Master Pavankumar, Ku. Pooja and Master Suraj. who were aged 17 years, 16 years and 12 years respectively at the relevant time. The wife of Inderjitsingh had already expired 67 years back.

Inderjitsingh was arrested on 24.10.2003 for offence under Section 307 of the Indian Penal Code alleged to have been committed by him and he was taken in custody by Officer Incharge of Pusad Police Station. The Policy Custody remand was obtained till 28.10.2003. lnderjitsingh was ill-treated in police custody and, therefore, he was referred for medical examination the next day and he was sent to Yavatmal Medical College and brought back to the Police Station






























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