Amitava Roy, J.

1. Alleging death of her husband in police custody consequent upon physical and mental torture meted out to him, the petitioner seeks the intervention of this Court for awarding adequate compensation therefor. We have heard Mr. B Islam, learned counsel for the petitioner. Mr. PS Deka, learned Additional Senior Government. Advocate, Assam for the respondent State and Mr. D Das, learned Standing Counsel, Bodoland Territorial Autonomous District (presently Bodoland Territorial Council) for respondent Nos. 2, 3, 4 and 5.

2. The petitioner's pleaded case in short is that her husband (deceased) was called by the Officer-in-Charge of Mushalpur Police Out Post located in the district of Baksa within the territorial limits of the Bodoland Territorial Autonomous District/Bodoland Territorial Council pursuant whereto he (deceased) along with one Harihar Das presented himself before the said Police Out Poston 25.10.2007 at about 9 a.m. whereafter he (deceased) was kept confined in police custody. On enquiries being made by some villagers and the son of the deceased, the police informed them that he (deceased) had to be confined for interrogation in connection with a police case. According to the petitioner, the visitors who had gone to the police station to meet the deceased on the next date i.e. 26.10.2007, noticed two black spots on his forehead and about two hours thereafter it was reported that he (deceased) had died while in the custody of the police. It was thereafter that the son of the deceased, Dhiraj Das lodged an FIR on 28.10.2007 before the Officer-in-Charge, Borbari Police Station intimating the custodial death of his father at Mushalpur Police Out Post on which, however, allegedly no action was taken.

3. According to the petitioner, at the relevant time, the deceased was the Head Teacher of Ulubari LP School drawing Rs. 15,303/- as monthly salary. She has stated further that the post mortem of the dead body of her husband was conducted at the S.M.K. Civil Hospital, Nalbari on 27.10.2007 which indicated homicidal death. Reference to public hue and cry and the media reports in connection with the incident has been made as well. An amount of Rs. 21,46,360/- has been sought for as compensation for such death perceived to be in gross violation of the human rights of the deceased.

4. In his affidavit-in-opposition, the respondent No. 3, Superintendent of Police, Baksa while admitting the death of the husband of the petitioner while in the custody at Mushalpur Police Out Post on 26.10.2007 has relied on the findings recorded in the post mortem examination report that the same was due to asphyxia following hanging and contended that there was no sign of any assault or violence unleashed by the police contributing thereto. While contending that Borbari P.S. U.D. Case No. 11/07 was registered on the ejahar submitted by the Sub Inspector of Police, Mushalpur Police Out Post on 26.10.2007 about the episode, the deponent also referred to a Magisterial Enquiry conducted in connection therewith. According to the answering respondent, the Enquiry Officer in his report dated 17.12.2007, however, indicated negligence in duty on the part of the Home Guard, Sri Sailen Medhi who was entrusted with the care and custody of the deceased, in not noticing that he (deceased) had taken one 'Gamosa' to the toilet which he eventually used for the purpose of committing suicide. The deponent has construed this omission on the part of the Home Guard to be a gross misconduct, According to this respondent, the deceased locked the door of the toilet and hanged himself with a 'Gamosa' from the iron rod of the ventilator inside and his body was retrieved by breaking open the toilet door as he did not come out for a long time. That the deceased prior thereto was called to Mushalpur Police Out Post on 25.10.2007 for interrogation in connection with Baska P.S. Case No. 72/2007 under Section 302/34 IPC read with Section 25(1)(b) Arms Act and Sect