JUDGMENT :

Heard Mr. Nikhil Ranjan, learned counsel for the appellants, Mr. Rohan Kashyap, learned, learned counsel for the respondent-State and Mrs. Leena Mukherjee, learned counsel for the Union of India.

2. Aggrieved with judgment dated 20.08.2013 passed by the learned Member/Technical, Railway claims Tribunal, Ranchi, in Case No. O.A. (IIU)RNC/2009/0083, the appellants have preferred this appeal.

3. Smt. Sangita Devi & others filed application before the learned tribunal stating therein that she and her husband late Sanjay Agarwal was returning to Daltanganj from his in-law’s place on 16.06.2008. They were travelling by Palamu Express with valid ticket. During the journey the railway police started misbehaving with the applicants particularly with Smt. Sangita Devi. Her husband –Sanjay Agrawal (now deceased) protested against the same and in retaliation the railway police officials assaulted the deceased and hit him on the head, chest etc and left him grievously injured. On account of the beating, the deceased was badly injured and he was somehow brought to his house and thereafter taken to Medininagar, Sadar Hospital. The deceased succumbed to the injuries on 17.06.2008 at about 3.30 A.M.

In support of their application the appellants filed journey ticket, Form of order sheet, FIR, Application of Rameshwar Prasad, Inquest report, P.M. report, death certificate and NEWS paper cuttings.

4. On the aforesaid facts, the learned tribunal vide judgment dated 20.08.2013 dismissed the claim petition. Aggrieved with that present appeal has been filed.

5. Mr. Nikhil Ranjan, learned counsel for the appellants submitted that Sangita Devi and her husband (Sanjay Agrawal) were returning to Daltaonganj from her in-law's place on 16.06.2008. In course of travelling in a train incident has occurred. He further submitted that FIR was lodged as Daltoanganj Town Police Station No.239 of 2008 dated 18.06.2008 under Sections 304/34 IPC with regard to the occurrence dated 16.06.2008 between 17:30 hrs. to 20:00 hrs. alleging assault by Constable of Police Personnel of RPF in Train No.3347 Up Palamau Express. He submitted that the investigation was made by Railway Police Force, Dhanbad and in which the case was found to be true under Sections 304/34 IPC against unknown police personnel. It was also mentioned that on that day in Train No.3347 Palamau Express escort was given to the RPF vide Order No.67(6)8 under the Commandant of Head Constable, Timbu Oraon, Head Constable 5411 M.J. Hussain, Constable Mirtunjay Kumar and Constable Ram Dayal Rai, who sat besides Sangita Devi and started misbehaving with the lady which was protested by the lady and her husband. Thereafter all the Constables assaulted her husband causing grievous injury. The said injured was examined by Daltonganj Hospital and later on he died. Learned counsel for the appellants has further submitted that Injured had sustained injury on both eyebrows, head and other parts of the body and the case was found to be true. The Superintendent of Police, Rail, Dhanbad vide order dated 03.10.2008 directed to arrest the Police Personnel and if the Constables are not arrested, the attachment process be executed properly and information shall also be given to the Commandant Railway Protection Force, Dhanbad. Learned counsel for the Appellants has further submitted that subsequently Hon'ble Member of Parliament, Mr. Dhirendra Agrawal filed a complain before the National Human Rights Commission, New Delhi which was registered as Case No.984/15-08-09. In the said case, report was submitted by the then Inspector General of Police, Crime Investigation Department, Ranchi, Jharkhand vide letter No.231 Human Rights Wing, addressed to the Superintendent of Police Rail, Dhanbad, that in your report for initiation of Prosecution against Police personnel through proper channel, the order of the Commandant Railway Protection Force, Dhanbad be obtained under Section 197 Cr.P.C. however no such sanction is required