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1. This petition has been filed for issuance of a writ of mandamus directing the respondents to pay monetary compensation to the petitioners for the loss of life of Ranbir Singh, an undertrial prisoner in the District Jail Sonepat, by a co-prisoner Krishan son of Ram Dia, lodged in the same Jail, due to the negligence of the jail authorities. Petitioner No. 1 is the wife, petitioners 2 and 3 are the parents and petitioners 4 to 6 are the minor children of the deceased.

2. Ranbir Singh was arrested on 13.3.1994 in an F.I.R. under Section 61/1/14 of the Excise Act. On his remand to the judicial custody, he was lodged in the District Jail, Sonepat. On 23.10.1994, Ranbir Singh, deceased was attacked by Krishan, respondent No. 5, who is a habitual and dangerous criminal and was undergoing life imprisonment. He had been sentenced to life imprisonment by the Sessions Judge, Sonepat for Committing an offence under Section 302, Indian Penal Code (FIR No. 44 dated 2.2.1996, Police Station Sohana), vide judgment dated 21.5.1987. He had also been sentenced to life imprisonment by the Additional Sessions Judge, Sonepat, for committing an offence under Section 302, Indian Penal Code (FIR No. 153 dated 17.5.1991, Police Station Sohana), vide judgment dated 3.2.1993. He had also been convicted under Section 25 of the Arms Act by the Additional Sessions Judge, Sonepat, for a period of six months on 3.2.1923 in FIR No. 162 dated 27.5.1991.

6. Respondent No. 5 is represented by Ms. Vandana Malhotra, an Advocate appointed amicus curiae by the Court. Accused Krishan has denied his involvement in the crime and has stated that he has been falsely implicated.

7. During the course of arguments, a copy of the judgment of Shri P.L. Goyal, Additional Sessions Judge, Sonepat was placed on record. Trial Court convicted accused Krishan for murder and awarded death sentence by hanging by the neck till he is dead subject to confirmation by the High Court. Trial Court also imposed a fine of Rs. 1 lac to be paid to the wife of the deceased (petitioner No. 1). It has also been ordered that the amount of fine may be realised by putting to auction one acre out of the land holding of the accused.

13. For the reasons recorded above, we hold the Stale as well as the Jail authorities liable to pay compensation to the dependents of the deceased, who was 25 years of age, for the loss of the company and affection of the deceased to his family members.

14. Keeping in view that petitioner No. 1 wife of the deceased, has already been ordered to be paid a sum of Rs. 1 lac by the Additional Sessions Judge, Sonepat, by selling one acre of land out of the land holding of Krishan, respondent No. 5, we order payment of another sum of Rs. 1 lac by way of compensation to the dependents of the deceased for his ultimately death which has taken place due to the negligence of the jail authorities. Respondents No. 1 to 4 shall be jointly and severally liable to pay the amount of compensation.