B. Rajendran, J.

1. As per the order of the Honourable Chief Justice, both the Criminal Revision Case and the Writ Petition are taken up together as a specially ordered case.

2.(i) The petitioner in the Criminal Revision Case and the writ petition are one and the same. According to the petitioner, she along with her husband Velu reached the Ulundurpet bus stand at about 3.00 p.m. on 31.03.1999 intending to go to a temple. At that time, petitioner's husband was allegedly dragged by some people to the Ulundurpet police station and complained that he had snatched the gold chain of a women. In this connection, the case in Crime No. 275 of 1999 was registered against her husband for the alleged offence punishable under Section 379 of IPC. In the said case, the petitioner's husband was shown as a suspected accused. After registration of the case, in the guise of enquiry on suspicion that petitioner's husband had snatched the chain from the victim, the petitioner's husband was brutally beaten by the police constable and compelled her husband to either pay the money or hand over the snatched chain. The petitioner's husband was beaten in his neck, right hand, right thigh. When the petitioner went to the rescue of her husband, she was thrown out of the police station and therefore, she proceeded to her native place to seek her relatives help.

(ii) It is alleged that at that time, the petitioner's husband was intoxicated, however, he was not referred to any Doctor to confirm that he was in an intoxicated state or his blood samples were collected. Ultimately, the petitioner's husband was sent from the police station on the same day at 6.00 p.m. and he died near ADMK flag mast, Ulundurpet bus stand. It is claimed by the respondents that the husband of the petitioner died of asphyxia due to intoxication.

(iii) According to the petitioner, the police officials, in order to cover up their guilt, have made erroneous entry in their register as if the petitioner's husband was released from the police station at about 04.30 p.m. on 31.03.1999 in an autorickshaw. It is the claim of the petitioner that the police officials are responsible for the death of her husband as they have beaten him mercilessly which led to his death. Therefore, the petitioner sought for conducting appropriate investigation and to prosecute the police officials responsible for the death of her husband for the offences punishable under Sections 330 and 228 of IPC. On the basis of such complaint given by the petitioner, a case was registered against the police officials. However, the petitioner claimed that the investigation conducted was not in accordance with law. Hence, the petitioner filed WP No. 7383 of 1999 before this Court seeking for investigation by the Central Bureau of Investigation (CBI) and for payment of compensation of Rs. 8 lakhs for the death of her husband. This Court, by order dated 21.12.1999 directed the CB-CID to investigate into the suspicious death of the petitioner's husband by deputing a competent investigation officer and such officer shall conclude the investigation within three months. As far as compensation is concerned, this Court directed that the petitioner is at liberty to seek for compensation on the basis of the outcome of the investigation.

(iv) On the basis of the direction issued by this Court, CB-CID officials have taken up the investigation. The fourth respondent herein, after completion of investigation, filed a charge sheet on 20.10.2000. According to the petitioner, the investigation disclose that her husband was severely beaten up by the third respondent and thereafter, without rendering any medical assistance, had allegedly sent her husband by an autorickshaw. It is the claim of the petitioner that her husband did not die due to intoxication or asphyxia but only on account of assault and torture meted out to him by the third respondent.

(v) The charge sheet filed on 20.10.2000 by the investigation officer attached to CB-CID was