C.R. Sarma, J.

1. Heard Mr. M. Sarania, learned counsel for the petitioner and Mr. A.K. Bhattacharjee, learned senior counsel, assisted by Mr. D.K. Bhattacharjee, learned counsel, appearing for the private respondent No. 7. Also heard Mr. Nur Mohammad, learned State counsel, appearing for the State respondent. By this writ petition, filed under Article 226 of the Constitution of India, Mrs. Dhan Teronpi (since deceased), wife of late Longki Engti (hereinafter, called the deceased) of village Matikhola Dighola Engti Gaon, P.O. Duarbamuni, P.S. Howraghat, District- Karbi-Anglong, Assam prayed for compensation for the death of her husband in police custody and appropriate direction for causing a judicial enquiry through a District Judge.

2. The petitioner's case, may, in brief, be stated as follows: The deceased, who was aged about 35 years, was a cultivator and social worker, by profession. On 16.7.2007, at about 9.30 am, he went to Dengaon Bazar (a market) for repairing of his bi-cycle. Sri Jayanta Kalita, the respondent No. 7, who was the officer-in-Charge of Dokmoka Police Outpost, alongwith some police personnel, apprehended him and thereafter mercilessly beaten up, in presence of public, in the market.

3. The deceased, after his arrest in the said manner, was taken into police custody. Next morning i.e. on 17.7.2007, at about 7.00 a.m., police called the wife of the deceased to the Police Station, wherein the dead body of her said husband i.e. the deceased was shown to her. She found her husband's face swollen and clotted with blood. She also found that the face of her deceased- husband was disfigured. Subsequently, the dead body of her said husband was handed over to her, after performing post-mortem examination.

4. The petitioner, on 26.7.2007 lodged an FIR with Howraghat Police Station, alleging that her husband had died due to police torture, in custody. Accordingly, Howraghat P.S. Case No. 76/2007, under Sections 302/34 IPC was registered against the accused persons. The said case ended with submission of final report by the investigating agency. The Deputy Commissioner, Karbianglong caused a Magisterial enquiry regarding the death of the deceased. A copy of the enquiry report has been annexed to the affidavit-in-opposition filed on behalf of the Deputy Commissioner, Karbianglong i.e. the respondent No. 3.

5. Mr. M. Sarania, learned counsel for the petitioner has submitted that the deceased, who was arrested by the respondent No. 7 on false charge, was, was subjected to inhuman torture and was also deprived from proper medical aid. It is submitted that, the deceased, who was not connected with any extremist activities, was illegally taken to police custody and he died due to torture, in the custody. In view of the above, it is submitted that the legal representatives of the deceased are entitled to get compensation from the State authority. In support of his contention, the leaned counsel for the petitioner has relied on the decisions held in the following cases:

"(1) Nilabati Behera (Smti) @ Lalita Be her a v. State of Orissa & Ors., reported in 1993 (2) SCC 746.

(2) D.K. Basu v. State of West Bengal, reported in (1997) 1 SCC 416.

(3) Chairman, Railway Board & Ors. v. Chandrima Das (Mrs) & Ors., reported in (2000) 2 SCC 465.

(4) K.L. Thariktha v. State of Manipur & Ors., reported in 2012 (2) GLT 977."

6. Controverting the said argument, advanced by the learned counsel for the petitioner, Mr. A.K. Bhattacharjee, learned senior counsel for the respondent No. 7 has submitted that the respondent No. 7, who arrested the deceased committed no illegality or error since he took him in custody in discharge of his official duty. The learned senior counsel further submitted that the deceased was admitted in the Public Health Centre and he died in the Public Health Centre itself. It is also submitted by the learned senior counsel that the post mortem report does not indicate that the deceased died due to police torture. It is also