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Judgment
The appeal suffers from delay of 114 days and for that an application (I.A. No. 2670 of 2008) has been made. Even if we condone the delay in filing the appeal, we are of the view that the intra-court appeal does not deserve to be admitted. We heard the State Counsel and perused the impugned order. The available material does lead to an inference that the death of the under-trial prisoner Shivdeni Sah (husband of the respondent) was attributable to the negligence of the jail authorities. Although the Counsel for the State sought to contend that there was no negligence on the part of the prison authorities in so far as treatment of Shivdeni Sah was concerned, it transpires from one of the communications (Ext.-D/2) that the under-trial prisoner had to approach this court for proper treatment and some order seems to have been passed for the treatment of the under-trial prisoner at Sadar Hospital.
All in all, consideration of the matter by the Single Judge cannot be faulted. An award of compensation in the sum of Rs. 2,00,000/- for the death of under-trial prisoner in custody does not call for any interference.
This appeal is, accordingly, dismissed in limine. This disposes of I.A. No. 2670 of 2008 as well.