Dismissed¶19

Smt. Komal Singh v. State of U.P. and 3 Others

Allahabad HC3 Nov 2022WRIC/23876/2022

Case brief

AI extract

What is this about?

Mukhaymantri Krishak Durghatana Kalyan Yojna; Clause-5; accidental death vs murder; suicide and crime exclusion; compensation claim rejected; District Level Committee; autopsy asphyxia antemortem strangulation; ligature mark; fractured hyoid; FIR Case Crime no.113 of 2021 P.S. Naraini District Banda; advisory dated 24th March 2022; writ dismissed; Allahabad High Court; Komal Singh v. State of U.P.; 3.11.2022.

What did the court decide?

Clause 5 of the scheme covers all kinds of accidental deaths except those caused by suicide or while committing a crime; there is nothing in the scheme that covers cases of murder. ¶16

Smt. Komal Singh Vs State of U.P. and 3 Others — Allahabad HC (2022) — LawSathi Research

¶1

Court No. - 29

¶2

Case :- WRIT - C No. - 23876 of 2022

¶3

Petitioner :- Smt. Komal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.

¶4

Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.

¶5

We have heard Sri Anurag Rai holding brief of Sri Virendra Singh for the petitioner and learned Standing Counsel for the respondents no. 1 to 4.

¶6

The petitioner is widow of Sheelbhadra Singh whose body was found lying in his agricultural field. A claim was set up for compensation under Mukhaymantri Krishak Durghatana Kalyan Yojna. The said claim was addressed by the District Level Committee and was found not admissible as Sheelbhadra Singh had been murdered.

¶7

The case of the petitioner is that there is no logical basis to assume that petitioner's husband was murdered and even assuming that petitioner's husband was murdered, the benefit under the scheme cannot be denied to the petitioner.

¶8

On 23.8.2022 the learned Standing Counsel was required to seek instructions as regards the reasons for denying the claim of the petitioner.

¶9

Learned Standing Counsel has obtained written instructions as per which the autopsy report of the body of petitioner's husband disclosed that death was due to asphyxia as a result of antemortem strangulation and there were multiple ante-mortem injuries including a ligature mark found on his body and the hyoid bone was found fractured on the right side. The written instructions also indicate that father of the deceased had lodged a first information report in respect of his son's murder against unknown person which gave rise to Case Crime no.113 of 2021 at P.S. Naraini, District Banda.

¶10

From the written instructions it appears that a clarification was sought from the State with regard to admissibility of benefits under the scheme in a case where the person on whose death claim is made has been murdered. The Special Secretary, Government of U.P., Lucknow had issued advisory dated 24th March, 2022 that the benefit under the scheme is not available

¶11

in a case of murder.

¶12

The scheme has also been placed before us. The same is known as Mukhaymantri Krishak Durghatana Kalyan Yojna. As per Clause-1, the scheme is effective from 14th September, 2019. Clause-5 of the scheme provides the nature of cases it covers. Clause-5 of the scheme, which is in vernacular, is extracted below:

¶13

ययजनन ो कन ा आ ा चछन ् दन ा

¶14

(1) यदद आग लगनन , बनाढ़ , दबजलली दगरनन , कररट लगनन , सन ा प कन कनाटनन , जलीव - जजंतत / जनानवर दनारना कनाटनन / मनारनन / आ्ቅमण सन , समतद , नदली , झलील , तनालनाब , पयोखर , व कतजंयर मर डडबनन , आजंधली - तडफ़नान , ववृछ सन दगरनन / दबनन , मकनान दगरनन , रनल / रयोड / वनायतयनान / अन्य वनाहन आदद कना दतररटनना , भड - स्लखन , भडकजंप , गगैस ररसनाव , दवस्फयोट , सलीवर चगैम्बर मर दगरनन अथवना अन्य दकसली कनारण कना कवृषक ककी दतररटननावश मवृत्यत / ददव्यनाजंगतना हयोतली हगै , तयो कवृषक / दवधधक वनाररस / वनाररसोሺ कयो इस ययोजनना सन अजंतगरत आधथरक सहनायतना अनतमन्य हयोगली।

¶15

(2 ) दतररटननावश मवृत्यत / ददव्यनाजंगतना कन ्ቚकनार , ्ቚकवृदत इत्यनादद कन सम्बन्ध मर कयोई दववनाद उत्प्ቐ हयोनन यह सम्बजंधधत धजलनाधधकनारली कना दनणरय अजंदतम एवजं बनाध्यकनारली हयोगना। (3 ) कवृषक ककी मवृत्यत / ददव्यनाजंगतना यदद आत्महत्यना यना आपरनाधधक कनायर स्वयजं करतन समय हयोतली हगै तयो ऐसली दशना मर इस ययोजनना कन अजंतगरत कवृषक कयो कयोई सहनायतना अनतमन्य नहीሻ हयोगली।

¶16

A perusal of Clause 5 would indicate that it relates to all kinds of accidental deaths except those which are caused by suicide or while committing a crime. Accidental death is caused unintentionally whereas in a case of murder there is an element of knowledge or intention that the act causing injury might result in death. There is nothing specific in the Scheme, at least shown to us, that it would also cover cases of murder. Perhaps, the decision not to allow compensation in cases of murder is to obviate killing of old and infirm parents or relatives as to maintain a claim. Moreover, we have not been shown any binding precedent that it applies to a case of murder as well.

¶17

In this case, the autopsy report as well as the FIR clearly establishes that the husband of the petitioner was murdered.

¶18

In such circumstances, as from the record it is duly established that the death of petitioner's husband was due to murder and not accident simpliciter, denial of the benefit under the scheme cannot be said to be arbitrary or illegal.

¶19

The petition is therefore dismissed .

¶20

Dismissal of the claim of the petitioner under this scheme will not preclude setting up a claim by the petitioner under any other scheme which may allow compensation to victims of crime.

¶21

Order Date :- 3.11.2022 piyush

¶22

Digitally signed by PIYUSH KUMAR Date: 2022.11.11 09:51:36 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Komal Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Komal Singh v. State of U.P. and 3 Others

Case brief

What is this about?

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