mode of payment and appropriate actions against
individuals responsible for custodial death.
HEADNOTE:
Petitioner's son, aged about 22 years was taken from ... Article 32 of the
Constitution, that it was a case of custodial death since
her son died as a result of the multiple injuries inflicted
authority.
3. Chief Justice R. C. Lahoti highlighted one aspect of custodial deaths,
namely, unnatural deaths in prisons. This was through a letter addressed ... level of unnatural deaths will decrease.
Compensation for unnatural deaths
40. The issue of compensation for unnatural deaths in custody is no
longer res integra
prayer made by the
appellants for transferring the investigation into the
custodial death of Deva Pardhi to some other
investigating agency; and to direct ... assigned to the local police in
the FIR pertaining to the custodial death of Deva
Pardhi is still stuck up without a single accused being
conscious that there is a rise in
incidents of custodial deaths but we cannot
completely dehors the evidence and its
admissibility according to law convict ... take the
place of legal proof, even in cases of custodial death.
17. On the other hand, Ms. Vibha Datta Makhija,
learned counsel submits that
stood proved against the appellant and other
accused:
(1) Motive;
(2) Custodial death of the deceased;
(3) Non-disclosure of death by the appellant ... explained about the death of the
deceased. The point as to custodial death was found
established.
14. As regards non-disclosure of death
case of the prosecution, it is a case of custodial
torture leading to custodial death.
9. The Trial Court, after appreciating the evidence
found that ... prosecution contends
that he was subjected to custodial torture which
ultimately culminated in his custodial death (The
Page 8 of 53
Criminal Appeal Nos.1614
Crime No.371/1993, the charge in essence there is about
custodial death of one Ram Kishore who happened to be
Page ... 1993 of Police Station,
Modi Nagar, registered in connection with the custodial
death of Ram Kishore unfolding further the case of the
prosecution instead
down certain procedural "requirements"
in cases of arrest.
Custodial death is perhaps one of the worst crimes in a
civilised society governed ... grant of relief
to the heirs of a victim of
custodial death for the infraction
or invasion of his rights
guaranteed under Article
Emphasis supplied]
20. Cases where violation of Article 21 involving custodial
death or torture is established or is incontrovertible stand on a
different footing when ... every arrest and detention does
not lead to custodial torture.
21. In cases where custodial death or custodial torture or
other violation of the rights
rights to every individual. It inhibits illegal
detention. Torture and custodial death have always been condemned
by the courts in this country. In its 113th ... under:
"6. Rarely in cases of police torture or custodial
death, direct ocular evidence is available of the
complicity of the police personnel