( 1 ) THIS appeal under Clause 10 of Letters Patent is directed against the judgment and order dated 16. 12. 1997 passed by learned Single Judge in Writ Petition (Criminal) No. 585 of 1996 directing the State to pay compensation of Rs. 2. 5 lacs to the respondent for the custodial death of his son Mohd. Yasin (hereinafter referred to as the deceased ). Grievance of the appellant is that the conclusions about custodial death are erroneous, contrary to materials and facts on record and, in any event, the compensation as directed to be paid is extremely high and unreasonable.

( 2 ) PETITION under Article 226 of the Constitution of India, 1950 (in short, the Constitution ) was filed by the respondent with the following prayers:-

(I) to direct the respondents to produce the relevant documents relating to the case and to register the case against the accused persons, (ii) to direct the respondents to produce the accused persons before this Hon ble Court, (iii) to grant compensation to the parents of the deceased, (iv) to pass such other or further orders as deemed fit and appropriate on the facts and in the interest of justice. According to the respondent, his son was picked up by police officials on 15. 04. 1996 and was lodged in Tihar Jail. He died while in custody on 13. 07. 1996 and 15 injuries were noticed on his body as per post-mortem report. The doctor, who performed the post mortem opined that injuries were ante mortem. In order to have the second opinion about the cause of the death, a Board of doctors was appointed by the Government of National Capital Territory (in short, nct ) of Delhi. According to its report, though most of the injuries could have been self-inflicted, it was not so in the case of injury nos. 11 and 13 to 15, Accepting the writ petitioner s plea that the death was custodial in nature, the State was held to be liable to pay compensation and accordingly compensation was fixed at Rs. 2. 5 lacs to be given by the State to the writ petitioner. It was further directed that responsibility should be fixed on the persons, responsible for the beatings administered to the deceased leading to his death and for taking action against those erring official/officers. Both the directions are assailed in the present appeal.

( 3 ) LEARNED counsel for the State submitted that the factual position, brought on record, clearly indicates that the deceased was a criminal and very violent person. He was given treatment at the jail Hospital and other Hospitals for psychiatric disorder. It is on record that he assaulted co-prisoners and officials violently. There is no material to show that the deceased was beaten by any person, which resulted in injuries. Therefore, the conclusions of learned Single Judge that the death was custodial are erroneous. In any event, it is stated that the compensation as fixed is arbitrary. Learned counsel for the respondent, on the other hand, submitted that learned Single Judge has analysed the factual position in great detail and has held that compensation was payable Considering the age of the deceased, the compensation as fixed in reasonable.

( 4 ) IN order to appreciate rival submissions, it is necessary to take note of few facts, which are referred in. great detail by learned Single Judge. As per post-mortem report, 15 injuries were there, which are as follows-

1. Crusted abrasions over knuckles of all four fingers of (R) hand, distal portion of prosimal phalanx. Little finger - on dorsal aspect 0. 4 cm x 0. 3 cm medial side 2. 0 cms x 0. 5 cm. Ring finger 0. 5 cm x 0. 5 cm } all of about Middle finger 0. 6. cm x 0. 6 cm } 2-3 days Index finger 0. 4 cm x 0. 4 cm } duration 2. Superficial wound o peeling of skin, imposing pinkish granulation tissue seen over tip of (L) Great toe, 1. 8 cm x 0. 5 cm (about 5 to 7 days old ). 3. Abrasion 3. 0 cm x 1. 00 cm, oval shaped over forehead in middle portion 2 cms above nasal bridge (2-3 days old ). 4. Abrasion over forehead near hair line