Maibam B.K. Singh, J.

1. Heard Mr. S. Deb, learned senior counsel spearing on behalf of the Appellants and Mr. D. Sarkar, learned P.P. appearing on behalf of the Respondents.

2. This appeal has been preferred against the judgment, dated 27.08.2002, of the Learned Single Judge of this Bench passed in Civil Rule No. 220 of 1993 by which the writ petition, filed by the Appellant for issuing direction to the Respondents to pay adequate compensation in connection with the death of his son Sudhir Debnath due to injury having been sustained while in police custody alleging that his said son had been murdered in the custody, was dismissed.

3. There is no dispute in respect of the following facts:

The said Sudhir Debnath was arrested on 16.4.1991 in connection with the West Agartala P.S. Case No. 8(4) 1991 under Section 302/34 IPC on the allegation that he had killed his wife Smt. Jugal Debnath. He was produced before the learned Chief Judicial Magistrate, West Tripura, Agartala and on the basis of the prayer of the police, he was remanded to the police custody for five days. While he was in the police custody, he was taken to hospital with injury in his abdomen and he died at the hospital. AGD. case No. 2(3) of 1991 under Section 174 Code of Criminal Procedure was registered and post mortem was also conducted over the dead body. Dr. P.K. Das, who conducted the post mortem examination on the dead body found the following:

1. "Incised penetrating injury sharp cut margin in the umbilical region direct in umbilical point 1/2" x 1/2" X 3" (Abdominal cavity).

2. Echymosis below Lt. eye.

3. No gross injury was found in any part of the part except the umbilical region.

As per opinion of the doctor, the death was due to shock and haemorrhage due to grievous abdominal injury. In the inquest report, apart from the abdominal injury, finding of a minor cut injury on the right palm with blood marks on both the hands is mentioned.

4. As there was a dispute in between the writ Petitioner and the Respondents on the question if the said Sudhir Debnath had died as a result of severe torture and inhuman atrocities having been committed by the police personnel or if he committed suicide in the police custody, the Learned Single Judge vide order dated 27.08.2002 passed in Civil Rule No. 220 of 1993 directed the District Judge, West Tripura, Agartala to conduct an enquiry in the matter of the said custodial death.

In pursuance of the said direction, the learned District Judge, West Tripura conducted the enquiry. Two witnesses (PW 1 and PW 2) were examined on the side of the writ Petitioner and eight witnesses (O.PWs 1 to 8) were examined on the side of the Respondents. On 04.10.2001, Mr. R.K. Ghose, District Judge, West Tripura, Agartala submitted his enquiry report with the following findings:

From the aforesaid evidence it is clearly found that the accused Sudhir Debnath himself committed suicide while in police custody and while he was in S.B. Lock up by causing injury himself in his abdomen by a piece of glass and that glass was procured by him on breaking the window glass by fist blow. Nowhere it is found that the said Sudhir Debnath was killed/murdered by anybody or by police while he was in police custody.

In conclusion it is held that Sudhir Debnath committed suicide while in police custody and he was not killed/murdered by police.

5. On perusal of the impugned judgment dated 27.08.2002, we have ascertained that the learned Single Judge after due hearing of the parties, having regard to the said enquiry report submitted by the learned District Judge, West Tripura, Agartala which was not controverted by the writ Petitioner by filing any objection, and also after consideration of the findings of Mr. A.K. Chakraborty, Executive Magistrate in his enquiry as well as the absence of any possible motive on the part of the police for elimination of the said Sudhir Debnath in the facts and circumstances of the case, dismissed the writ petition as having no merit.