Maibam B.K. Singh, J.

1. Heard Mr. S. Deb, learned senior counsel assisted by Mr. S.B. Debnath, learned Counsel appearing on behalf of the Appellant and Mr. T.D. Majumder, learned Counsel appearing on behalf of the Respondents.

2. This appeal is directed against the order dated 8.4.2002 passed by the learned Single Judge in WP(C) No. 157 of 2002 dismissing, in limine, the writ petition flied by the present Appellant. The writ petition was flied alleging to the effect that her son, Bijoy Debbarma, was killed by personnel of the TSR while he was in their custody and praying mainly for directing the Respondents to pay a sum of Rs. 5 lakh as compensation to her in that regard.

2.1. In the opinion of the learned Single Judge, there was nothing to show that the death of tie said Bijoy Debbarma was due to torture or otherwise on the pat of the TSR personnel. Further, the learned Single judge considered to the effect that at that at that stage, no direction could be issued for any enquiry in the matter because that might interfere with the investigation of the FIR Case which had been registered on the basis of a report having been lodged by one N.K. Subedar Prantosh Das, Post, I.C. of Kantia Thakurpara Post, A-Coy, 6th Bn. TSR (I.R.-11) to the, O.C., Kalyanpur P.S. alleging opening of fire by some extremists on 13 TSR personnel on 30.4.2001 at Kungchak Para jungle at about 1330 hours leading to the exchange of fire in between TSR personnel and the extremists for some time, the arrest of three persons, namely, Dhiru Debbarma, Pradip Debbarma and Bijoy Debbarma (the said son of the writ Petitioner-Appellant) in the course of a search operation subsequent to the exchange of fire, making of attempts by the said three arrested persons to escape by jumping in a nearby lunga and sustaining of injuries by them in the said attempt leading to the expiry of the said Bijoy Debbarma at Kalyanpur PHC and praying for taking legal actions against the culprits and their associates.

3. In the course of proceeding of this appeal, this Court, having regards to the dispute in between the parties on the question if the said Bijoy Debbarma had died as d result of the torture or assault made by the personnel of TSR in their custody or if he had died as a result of injuries caused by himself while attempting to escape from the custody of the personnel of TSR, on 28.8.2002, ordered the learned District Judge, West Tripura, Agartala to conduct an enquiry into the matter and submits a report within the period specified In the order. Both the parties were given liberty to adduce their respective evidences before the learned District Judge, who was also asked to take ail the necessary step as he might deem fit and proper. In pursuance or the direction of this Court, the learned District Judge made the necessary enquiry and submitted his enquiry report dated 28.8.2002.

4. On perusal of the record of the said enquiry, we have ascertained that four witnesses namely, Smt. Chandrapati Debbarma (the writ Petitioner-Appellant), Shri Dhiru Debbarma, who was admittedly arrested with the writ Petitioner-Appellant's son, Shri Pradip Debbarma, who was also admittedly arrested with the said son of the writ Petitioner-Appellant and Shri Jiten Debbarma, another son of the writ Petitioner-Appellant were examined on the side of the writ Petitioner-Appellant as PW1/PW2, PW3 and PW4 respectively.

5. As per testimony of PW1, on die said clay at about 1.30 p.m., her son Bijoy Debbarma was apprehended by police from her home and her said son was mercilessly beaten by police on the way to police station. Further, according to her (PW1), after two days of the occurrence, on getting information from police, she went to Kalyanpur Hospital and found the dead body of her said son. Sue (PW1) saw swelling on me neck and other parts of the body of her son. At the time of cross-examination, PW1 is found to have denied the suggestion of the Respondents to the me effect that her son and two othe