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1998 Supreme(Del) 744

A.D.SINGH
GITA – Appellant
Versus
LIEUTENANT GOVERNOR DELHI – Respondent


Anil Dev Singh, J.

( 1 ) THIS is a petition whereby the petitioners claim compensation from the respondents on account of the death of Sonu, husband of the first petitioner and son of the second petitioner, in police custody. The facts giving rise to this petition are as under :-

ONE Deepak @ Deepu, an accused in case FIR No. 364/96 under sections 24/54/59 of the Arms Act, escaped from the custody of the police party belonging to police station Sarojini Nagar. A case FIR No. 374/96 under section 224 Indian Penal Code was registered against him at Police Station Sarojini Nagar. It is not disputed that police party belonging to Police Station Sarojini Nagar picked up deceased Sonu, brother of accused Deepak, on August 29, 1996. On the next day, viz. , August 30, 1996 the dead body of Sonu was brought to the casualty of Safdarjung Hospital by the staff of Police Sta- tion Sarojini Nagar. The body bore fifty-one injuries. These facts are not denied by the respondents. Rather they have been admitted in the counter-affidavit. The relevant paras of the counter-affidavit read as follows :-

". . . While conducting the search for accused Deepak alias Deepu, the police party also brought Sonu (



















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