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2023 Supreme(Online)(J&K) 684

HIGH COURT OF JAMMU AND KASHMIR
MST. JANA AND ORS – Appellant
Versus
STATE OF JK AND ANR. – Respondent


JUDGMENT

1) The petitioners have sought compensation from the respondents on account of custodial death of their kin, namely, Mohammad Ismail Shah.

2) According to the petitioners, who happen to be the legal heirs of deceased Mohammad Ismail Shah, the deceased was lodged in Central Jail, Srinagar, as an undertrial in case FIR No.174/2009 for offences under Section 302, 109 RPC of Police Station, Kulgam and in case of FIR No.169/2009 of Police Station, Qazigund. While undergoing custody in the jail, the deceased was attacked by co- prisoner, namely, Ghulam Hassan Malik, as a result of which the deceased received fatal injuries and he died in Central Jail, Srinagar. FIR No.16/2013 for offence under Section 302 RPC was registered with Police Station, Rainawari, and investigation of the case was conducted by the police.

3) It seems that the petitioners had to file a writ petition bearing OWP No.647/2013 when the investigation was not taken to its logical conclusion. The said writ petition was disposed of by this Court on 22.05.2013 with a direction to the investigating agency to complete the investigation. Ultimately, the challan was filed against Ghulam Hassan Malik before learned Sessi

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