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2007 Supreme(Ori) 81

B.P.DAS, M.M.DAS
Kalpana Mandal – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:M/s. B. Routray, A. K. Baral, P. K. Dash, D. K. Mohapatra & B. N. Satapathy
For O.Ps.:Addl.Government Advocate

JUDGMENT

B. P. DAS, J. — The petitioners, who are the wife and child¬ren of one late Sunil Mandal, have filed this writ petition with a prayer to direct the State Government, O.P.1, to pay them compensation for the death of late Sunil Mandal in police firing.

2. An F.I.R. was lodged at Simulia Police Station on 7.2.2002 at about 9 a.m. alleging therein that the bus, namely, ‘Dolphin Dynamic’, in which Sunil Mandal was travelling on 6.2.2002, while crossing Simulia Police Station, the Police personnel waived the bus to stop, but the driver instead of stopping it, sped away. The Police van which was chasing the bus started firing at the bus and it was found that the passenger sitting towards the left of the driver was instantly killed in the police firing. After receiving the aforesaid information, a case was registered under Section 304, I.P.C. against some police personnel of Simulia Police Station. Accordingly, charge sheet was submitted and as stated by the learned counsel for the peti¬tioners, all the charge sheeted accused persons have been acquit¬ted. The passenger who died in the police firing was none other than the said Sunil Mandal. After post mortem was conducted on the b









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