Case Note & Summary
The petitioner, wife of the deceased Ashok Londhe, filed a criminal writ petition under Article 226 of the Constitution before the Bombay High Court seeking a direction for a CBI inquiry into the alleged custodial death of her husband on 29-8-2001 at Zilha Peth Police Station, Jalgaon, and for compensation of Rs.5,00,000. The petitioner alleged that her husband was mercilessly beaten by the police, who used a knife and Gupti, causing his death in the police station. She further claimed that his body was dragged out and placed near Datta Mandir. She relied on newspaper reports and claimed that her representations to authorities, including the Maharashtra State Human Rights Commission, were ignored. The State respondents contended that Ashok Londhe was never arrested or in custody; he was called to the police station regarding a non-cognizable complaint by Suresh Kasbe under Sections 323 and 504 IPC and was released after being told to maintain peace. The next morning, he was found unconscious near the temple and was declared dead at the Civil Hospital. The inquest panchnama conducted by the Tahsildar recorded no external injuries. The post-mortem conducted by two doctors gave the probable cause of death as cardio respiratory failure due to right side lobar pneumonia with bilateral pleural adhesion. An inquiry under Section 177 of the Code of Criminal Procedure by the Sub Divisional Magistrate concluded that the death was natural. A CID inquiry found negligence by some officers, who were punished, but no evidence of murder. The Maharashtra State Human Rights Commission closed the complaint after considering the State's response. The High Court, after perusing the inquest, post-mortem, and inquiry reports, found no material to support the allegations of custodial violence. The court held that the medical and investigative records contradicted the petitioner's claims and established a natural death. Accordingly, the petition was dismissed, and no case for CBI inquiry or compensation was made out.
Headnote
A) Criminal Law - Custodial Death - Burden of Proof and Standard of Evidence - Code of Criminal Procedure, 1973, Section 177 - The petitioner alleged that her husband died in police custody due to beating by police; however, the inquest panchnama, post-mortem report, and inquiry under Section 177 CrPC indicated no external injuries and death due to cardio respiratory failure from natural causes - Held that in the absence of any material to support the allegations of custodial violence, the petition for CBI inquiry and compensation was without merit and dismissed (Paras 8-9)
Issue of Consideration
Whether the petitioner is entitled to a direction for CBI inquiry into the alleged custodial death of her husband and compensation of Rs.5,00,000
Final Decision
The High Court dismissed the petition, holding that the allegations of custodial death were baseless and contradicted by the inquest panchnama, post-mortem report, and inquiries under Section 177 CrPC, which established natural death; no case for CBI inquiry or compensation was made out.
Law Points
- Custodial death allegations require credible evidence
- inquiry under Section 177 CrPC
- medical evidence pivotal
- no relief if allegations not substantiated
