The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.

Judgment :

Biraja Prasanna Satapathy, J.

1. Claiming compensation on the ground of custodial death of the deceased, Akash Mohuria, son of the present petitioners, the present writ petition has been filed.

2. The factual matrix giving rise to filing of the present case is that on 30.01.2017 at around 12 noon to 1.00 P.M., near Gandhi Chhak in the canal road, the IIC, Jeypore Town Police Station- Opp. Party No.4 along with Opp. Party No.5 and 20 to 30 police persons caught hold the son of the petitioners and assaulted him by giving fist blows and kick blows and threatened to kill his son. The deceased-Akash Mahuria subsequently was taken to Jeypore Sadar Police Station and when the petitioner came to know that their son has died, Petitioner No.2 lodged a F.I.R on 31.01.2017 alleging death of their son due to police assault vide Annexure-1. But the said F.I.R was never registered and instead basing on the report submitted by Opp. Party No.5, a F.I.R was registered under Section 279 ,304(A) of the Indian Penal Code vide Jeypore Town P.S. Case No.33 dated 30.01.2017 with the allegation that the deceased being involved in 14 cases and wanted in number of NBWs, when the police chased the deceased at canal road, he tried to escape from the police and fell down from his motorcycle being imbalanced. The deceased since sustained injury because of his falling down from the motorcycle in question, he was taken to Sub-Divisional Hospital, Jeypore for treatment and thereafter referred to District Headquarter Hospital, Koraput for better treatment. In course of his treatment in District Hospital, Koraput, he succumbed to the injury.

3. But in view of the number of injuries found in the body of the deceased and the cause of death indicated therein and in order to disprove the stand taken by the police in the F.I.R lodged at their instance in Jeypore Town P.S. Case No.33 dated 30.01.2017, Petitioner no.2 moved the Orissa Human Rights Commission in Case No.711 of 2017. Pursuant to the order passed by the Commission on 07.09.2021, Crime Branch police registered a case vide CID, (CB) P.S. Case No.17 dated 12.11.2021 under Sections 342 /323/325/302/506 and 34 of the I.P.C. In view of the nature of injury sustained by the deceased and reflected in the post-mortem report and the opinion given by the Assistant Professor Department of FMT, SLNMCH, Koraput on 09.12.2021 and the observation of the team of doctors made on 05.04.2022, the son of the petitioners having died because of police atrocity, the Writ Petition was filed with prayer as indicated above.

4. It is the case of the petitioners that on 30.01.2017, Opposite Party Nos.4 & 5 along with 20-30 police personnel at around 12 Noon to 1 P.M. chased their son near Gandhi chhak besides the canal road and caught hold the son of the petitioners, namely, Akash Mahuria and assaulted him by giving fist blows and kick blows and threatened to kill him in life. After assaulting him with such fist and kick blows, he was taken to Jeypore (Sadar) Police Station and there also the petitioner was assaulted brutally. Subsequently when the Petitioners came to know that their son has died while under treatment in District Hospital, Koraput, Petitioner No.1 lodged the F.I.R before I.I.C, Jeypore Town P.S. on 31.01.2017 alleging murder of his son by the police people on 30.1.2017.

4.1. But the said FIR lodged under Annexure-1 was never registered and instead in order to save themselves Opp. Party No.5 lodged a F.I.R under Annexure-2 in Jeypore Town P.S. Case No.33 dated 30.01.2017 registered under Sectiona 279 and 304- A of the I.P.C. In the said Jepore P.S. Case No.33 of 2017, a stand was taken that the son of the Petitioners was involved in 14 cases of