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2007 Supreme(Pat) 1299

SHYAM KISHORE SHARMA
Sita Ram Mahato – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the parties.

2. The petitioner seeks direction of this Court for taking legal action against respondent nos. 4 to 6 and further prayer is that the persons responsible for custodial death of the petitioners son may be located and punished. The petitioner has also sought compensation for death of his son because he is a poor person and was dependant upon the earning of his bereaved son.

3. The petitioners son Nand Lal Mahato aged 25 years was apprehended in Parsauni P.S. Case No. 33 of 2004 which was registered for offences under Sections 454 and 380 of the Indian Penal Code. While the petitioners son was in police custody, he died. The allegation was that the petitioners son had stolen articles such as, clothes, jewellery and cash alongwith other accused persons.

4. The petitioner has alleged that his son was brutally beaten up while he was in police custody. The petitioner went to the police station and requested the police officials to release his son but again the petitioners son was beaten up by the police and when the condition of the petitioners son became precarious, then he was taken to hospital where he died on 22.9.2004. The post mortem




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