Case Note & Summary
The case involved a petition filed by the widow of Randhir Singh, who died while in judicial custody. Randhir Singh was remanded to custody on 25/10/1999 and died on 14/11/1999. The widow alleged that his death was due to negligence by prison officials, prompting her to seek an FIR against them and compensation. The Punjab & Haryana High Court ruled in her favor, finding that Randhir Singh suffered from heart disease but was misdiagnosed with tuberculosis, which constituted criminal negligence. The High Court awarded Rs. 2 lakhs as compensation. The State of Haryana appealed this decision. The Supreme Court examined the circumstances of the case, noting that Randhir Singh had been treated at a reputed hospital and that the post-mortem report indicated chronic ischaemic heart disease as the cause of death. The Court concluded that the mere wrong diagnosis and treatment during the brief period of custody did not amount to criminal negligence. Consequently, the Supreme Court set aside the High Court's judgment but decided that the compensation already disbursed to the widow and her children would not be recovered due to the peculiar circumstances of the case.
Headnote
A) Criminal Law - Criminal Negligence - Standard of Care - Code of Criminal Procedure, 1973, Section 482 - The High Court found that the prison officials' wrong diagnosis and treatment amounted to criminal negligence leading to the death of the deceased. However, the Supreme Court held that mere wrong diagnosis during a short period of custody does not constitute criminal negligence, especially when the deceased was referred for treatment at a reputed hospital. Held that the High Court's finding could not be sustained (Paras 5-6).
Issue of Consideration
Whether the prison officials were criminally negligent in the treatment of the deceased while in judicial custody.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed that the compensation already disbursed would not be recovered.
Law Points
- criminal negligence
- judicial custody
- compensation
- Section 482 Cr.P.C.
