Heard learned counsels for the parties.

2. The present writ petition has been filed for grant of compensation of Rs.10 Lacks on account of death of an under trial prisoner Vijay Nayak, who died at Birsa Munda Central Jail, Ranchi. The petitioner has also prayed for carrying out an investigation in relation to the death of Vijay Nayak through CID/CBI.

3. The factual background of the case as transpires from the writ petition is that the deceased Vijay Nayak was arrested in connection with Chutia P.S. Case no. 47 of 2003 and was produced before Sri R.K. Sahay, Additional Judicial Commissioner, FTC, Ranchi on 21.05.2005 in a good health condition. After five days, the petitioners were informed by the Superintendent of Birsa Munda Central Jail, Ranchi vide memo dated 26.05.2005 that the under trial prisoner Vijay Nayak was admitted to RIMS, Ranchi due to his sudden illness where he has been declared dead at about 3:50 a.m. on 26.05.2005.

4. Learned senior counsel for the petitioners submits that the circumstance in which Vijay Nayak died raises a serious doubt over the conduct of the jail authorities of the Birsa Munda Central Jail, Ranchi. The petitioners made representations to the Officer in-charge, Harijan Cell, Ranchi and the Department of Home, Government of Jharkhand, Ranchi. They also filed application before the National Human Rights Commission, New Delhi for conducting investigation with regard to the death of Vijay Nayak. However, nothing was done. It is also submitted that it is the duty of the State and its Officers to protect the life of under trial prisoners and in case of any mis-happening, the erring officers must face an inquiry by an impartial agency. Moreover, the family members of the deceased are also entitled for suitable compensation.

5. Learned counsel for the respondents submits that Vijay Nayak was admitted to Birsa Munda Central Jail, Ranchi on 21.05.2005 at about 12:30 P.M. in connection with Chutia P.S. Case no. 47 of 2003 for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 448, 302 of the I.P.C. He was reported sick on 22.05.2005 by the Jail authorities and thereafter admitted in jail hospital for treatment. On 26.05.2005 at about 3:50 a.m., his health condition became serious and he was taken to RIMS, Ranchi where he was declared dead. The postmortem was conducted on 27.05.2005 by a Board of five doctors. As per the opinion of the Medical Board, the cause of death was kept reserved for want of histopathological report of the tissues. Subsequently, the said histopathological report was obtained disclosing the fact that the death of Vijay Nayak occurred due to combined effect of kidney, heart and brain complications. As per the bed head ticket maintained in the jail hospital, the deceased was found in addiction of alcohol at the time of admission in the jail hospital. Moreover, the deceased was also suffering from epilepsy. Learned counsel for the respondents further submits that an inquiry was conducted by an Executive Magistrate, who after investigation, submitted his inquiry report on 22.11.2005. As per the said inquiry report, cause of death of the deceased was found to be fatty changes in the liver, partly autolised tissue showing tubular degeneration of kidney. It is, thus, submitted by the learned counsel for the respondents that the inquiry has already been conducted for finding out the reason behind the death of Vijay Nayak in which it was found that his death occurred due to ill health. Under the aforesaid fact, there is no need of referring the present matter for being investigated by any agency as prayed by the petitioners in the present writ petition.

6. Having heard the learned counsels for the parties and on going through the relevant documents placed on record, it appears that the deceased Vijay Nayak was admitted to Birsa Munda Central Jail, Ranchi as under trial prisoner on 21.05.2005 at 12:30 P.M. He was reported sick on 22.05.2005 and thereafter the jail doct