JUDGMENT

V. GOPALA GOWDA, C.J. — The petitioner nos. 1 and 2, the widows of late Sudarshan Kanhar and Late Duryodhan Kanhar respectively, are before this Court claiming compensation from the opp. parties by urging following facts and legal contentions.

2.The husband of petitioner no.1 Sudarsan Kanhar, her elder son (the husband of petitioner-2) Duryodhan Kanhar, her younger son Bhimasen Kanhar and a relative, Bhagaban Pradhan were convicted under Section 302/34, I.P.C. and sentenced to undergo imprisonment for life by the learned Addl. Sessions Judge, Boudh in S.T. No.25 of 2000 vide the judgment and order dated 15.02.2011 in connection with murder of one Kishore Chandra Behera on 05.09.1999 arising out of a land dispute.

3.It is the case of the petitioners that while undergoing the aforesaid sentence in Special Sub-Jail, Boudh Sudarsan Kanhar (Convict No.3734/A) and Duryodhan Kanhar (Convict No.3333/A) were stoned to death on the night of 21/22.09.2010 by another convict namely Antaryami Rana (Convict No.3513/A). It is alleged that on the said night at about 1.00 A.M. Antaryami Rana attacked Sudarsan Kanhar, Duryodhan Kanhar and Kamapala Khamari with a stone inside Ward No.4 who were severely and grievously injured. All the three critically injured convicts were immediately shifted to District Head Quarter Hospital, Boudh by the jail staff. Convict Duryodhan Kanhar was declared dead at District Head Quarter Hospital and convict Sudarsan Kanhar was also declared dead at 3.00 A.M. while he was undergoing treatment and the other convict Kamapla Khamari was referred to VSS Medical College, Hospital, Burla on 22.09.2010.

4.On 22.09.2010, the Superintendent of Special Sub-Jail, Boudh lodged an F.I.R. with Boudh Police Station and a case was registered u/s. 303/307/325, I.P.C. vide Boudh P.S. Case No.109 of 2010 corresponding to G.R. Case No.259 of 2010.

5.It is stated that the deceased Sudarsan Kanhar is survived by his wife (petitioner no.1) and his younger son Bhimasen Kanhar who is suffering sentence at Biju Patnaik Open Air Ashram, Jamujhari. The deceased Duryodhan Kanhar is survived by his wife (petitioner no.2) and his two minor sons, namely, Trilochaan and Chandan Kanhar.

6.It is the further case of the petitioners that in view of the brutal murder of Sudarsan Kanhar and Duryodhan Kanhar in the jail custody, the family of the petitioners suffered from severe trauma and intense mental agony. In the death of the two adult senior members, the family of the petitioners obviously suffered an irreparable loss. The safety, survival and future of the petitioners’ family have been jeopardized on account of murder of two adult senior members of the family who were expected to be released in the near future which would have enabled them to take care of the family. It is stated that when they were alive and suffering sentence inside the jail, they had been supporting the family by sending the wages earned therein by them. In view of the brutal death in the jail custody, the payment of suitable compensation by the State has become an imperative need for ensuring the livelihood/maintenance of the family and for securing the upbringing/education of the minor children.

7.It is very relevant to be stated that on 22.09.2010 the Deputy Inspector General of Prisons, Berhampur range conducted an enquiry and submitted his report vide letter No.62 dated 24.09.2010. The relevant portion of the said report reads as under:

“During my course of enquiry, I gathered information that the officers are not attending luck-up and un-lock-up of the wards for which the Guarding Staff are getting scope to neglect in their duty, not searching the wards before lock-up as a result this unfortunate incident took place inside the Special Sub-Jail, Boudh on 21.09.2010 night. The Jailor-cum-Superintendent Sri Arun Ku. Rath is squarely responsible for such security mismanagement of the jail.”

8.It is further stated that the persons were brutally murdered while suffering sentenc