( 1 ) RULED. B. This is a writ petition whereby the petitioner Phoolwati @ Phullo claims compensation on account of custodial death of her husband Jaswant Singh. It is the case of the petitioner that on December 2, 1992 at about 10. 00 a. m. Seven police personnel of Police Station, Samaypur Badii and three persons, namely, Udai Singh, Jai Prakash and Kishan, came to the residence of Balbir Singb, resident of village Siraspur. Balbir Singh was identified by Jai Prakash. The police personnel enquired from Balbir Singh about the whereabouts of his cousin 0m Prakash, Jagdish and others. As Balbir Singh failed to furnish the whereabouts of his cousins he was asked to accompany them to the police station. By this time deceased Jaswant Singh, who was the elder brother of Balbir Singh intervened, whereupon one of the police personnel stated they should be beaten to death. Sub-Inspector Ramesh Narang, who was part of the police party, fired in the air as a result whereof Jaswant Singh tried to flee but was overpowered and was administered beating with Lathis by the police personnel and private persons, who were accompanying them. By this time women folk related to the petitioner reached the spot and asked the reason for the action of the police. The Sub-Inspector is stated to have got angry and started dragging and abusing them. The women folk were caught by their hair and beaten by the police personnel. Devinder Singh, a nephew of Balbir Singh, came on the spot but he was also administered beating by them. Several other relatives of the deceased were also stated to have been dragged and beaten by the police personnel. At about 11. 15 a. m. Jaswant Singh alongwith his other relatives were taken to Police Station, Samaypur Badli by the police personnel. In the police station, Jaswant Singh was again beaten up. Around 1. 00 p. m. Jaswant Singh alongwith his other relatives were taken to Hindu Rao Hospital by the police for medical examination. Jaswant Singh was admitted in Hindu Rao Hospital in custody due to serious injuries sustained by him. The rest of the relatives of Jaswant Singh were brought back to the police station at about 8. 00 p. m. On December 3, 1992, at about 6. 15 p. m. Jaswant Singh died in police custody in the Hindu Rao Hospital. As per the post mortem report, Jaswant Singh died due to haemorrhagic shock consequent upon multiple injuries mainly because of fracture of the femur. Information about the death of Jaswant Singh was received by the Sub-Divisional Magistrate on December 4, 1992 at about 2. 00 p. m. and an inquest under Section 176 of the Code of Criminal Procedure was held by him in order to locate the cause of death of Jaswant Singh. The Sub-Divisional Magistrate noted that even though the doctors had declared Jaswant Singh fit to make a statement, his statement was not recorded. The Sub-Divisional Magistrate after a detailed enquiry came to the following conclusion:

1. Jaswant Singh was taken into custody by the police on December 2, 1992 at about 10. 30 a. m. and he remained in custody till his death in the Hindu Rao Hospital on December 3, 1992 at 6. 15 p. m. 2. Jaswant Singh died due to multiple injuries as consequence of the beating administered by the police. The Sub-Divisional Magistrate while fixing the responsibility of the incident observed as follows:

"1. Ramesh Narang SI: For beating and thereby inflicting injuries especially fracture of femur, which resulted in the death of Jaswant Singh. 2. Udai Singh and his sons Jai Prakash and Kishan for co-operating with the police party (headed by Ramesh Narang SI) in catching hold of Jaswant Singh and also beating him up. Their role in beating is minor one in my opinion. 3. Nand Kishore SI (PS Samaypur Badli): He did not record the statements of Jaswant Singh. This would have thrown the light on the incident in general and cause of injuries and death of Jaswnat Singh in particular. Secondly, he did not inform the area SDM in time. 4. The