T.S. Doabia, J. - The undisputed facts as taken from the objections preferred by the State Government are that one Kamlesh Devi wife of petitioner No. 1 and mother of petitioner Nos. 2 and 3 died in a firing incident. This firing was resorted to by the police party who were chasing two persons namely Subash Chander and Sanjay. They were involved in a case under Sections 307/34 of the Penal Code and Sections 3/25 of Arms Act. The incident took place on 24th day of June 1994. The police party moving on motor cycles were chasing the aforesaid two persons. They made use of their fire arms. A stray bullet hit Kamlesh Devi. She was sitting in a bus. It was at Vikram Chowk Jammu, the bullet hit her. She died. FIR 360 of 1994 came to be registered.

2. The petitioners seek compensation from the State.

3. The stand taken by the State is that death did take place but this is not a militant related incident. It is also stated that there was no negligence on the part of the police party. As this was an accidental death, therefore, compensation is not payable. The question as to whether any direction can be given in writ jurisdiction be examined.

4. There is enough judicial precedent to