Compensation for custodial violence requires recognition of fundamental rights violations and State liability.

1. The petitioner has come up with a prayer to command the respondents to pay a sum of Rs. 5 Laks as compensation on account of her husband's custodial death.

2. A portrayal of relevant facts are in a narrow campus. On 12th April, 1994 Duli Chandra, aged about 42 years and the sole earning member of his family, and a scheduled caste having his wife the petitioner and four sons Kamlesh, Lal Babu, Shyam Babu and Gyan Chandra, went to Police Station Girwan, Banda to lodge an Information against his co - villager Budhwa in regard to some land dispute which had taken on that very day. Far from registering the First Information he was severely beaten by Ram Vraksh Singh Yadav, the Station House Officer of Police Station Girwan and Subedar Pal, the Head Constable respectively as a result of which he became unconscious and was thrown out of the Police Station. When his condition deteriorated he was taken to the hospital at Barokhar. The petitioner's eldest son Kamlesh Kumar after coming to know aforementioned facts lodged a First Information Report on 13th April, 1994 (copy appended as Annexure - 1). On 14th April, 1994 Duli Chandra succumbed to his injuries. On 15th April 1994 Post Mortem was carried out and a report (Annexure 4) was prepared from a bare perusal of which it would be abundantly clear that he had died due to injuries on his head resulted due to beating by the Police. An investigation was conducted by the C.B.I. in relation to the First Information Report dated 13th April, 1994. Thereafter notification dated 14th June, 1996 (as contained in Annexure - 2) was made granting sanction by the Governor of Uttar Pradesh under S.197 read with S.45 of the Code of Criminal Procedure to prosecute and arrest them. On 25th March, 1997 charge - sheet was submitted. Till date the SHO concerned is absconding and could not be arrested by the Police as a result of which the trial, which has started, is still pending. The petitioner tried from pillar to post to get some economic assistance / compensation but of no avail. Further, two representations were also made by her eldest son, as contained in Annexure Nos. 5 and 6, but no orders have been passed. A representation made by the eldest son on 18th January, 1997 (as contained in Annexure - 7) to the Chief Minister was also of no avail. Keeping in view the size of the family and the high time of the period at least a sum of Rs. 5 lakhs be given to the family.

3. A Counter Affidavit has been filed on behalf of Respondent No. 2, the Senior Superintendent of Police, Banda. This Counter Affidavit has been sworn by the Circle Officer, Naraini, Banda. It has been asserted therein as follows - At 12.30 P.M. of 12th March, 1994 Budhwa had got registered in P.S. Girwan N.C.R. No. 32/94 under S.323/504 IPC against Duli Chandra and Smt. Chandania (petitioner herein) and that at 12.45 P.M. on that very day the deceased Duli Chandra had also got registered N.C.R. No. 33/94 (copy appended as Annexure 1) under S.323/504 IPC against Budhwa and his sons Tejva and Lakshmi; So far as torture of Duli Chandra by the then SHO is concerned Crime Case No. 116/94 under S.304/218/193/201 IPC was registered and investigation by the C.B.C.I.D. offences under S.304/218/193/201 IPC and S.3 (1) SCST Act has been found to have been established (proved) after establishment of the crime, charge - sheet was forwarded, which is still pending; the SHO concerned was also suspended and whose arrest is being vigorously persued, it is a fact that Duli Chandra had died on account of head injury, but not in Police custody and the ques