In Brief
A widow challenged the death of her husband Someswar Gayari, alleging he was taken into army custody and killed. The District and Sessions Judge's enquiry found he was picked up by army personnel and died while in their custody, contradicting claims of an encounter. The Supreme Court upheld the High Court's directions to register a criminal case under IPC Section 302 and direct CBI investigation, finding a prima facie violation of Article 21 (right to life). The Court enhanced compensation from Rs. 3 lakhs to Rs. 5 lakhs, while laying down detailed procedures for determining whether trial would proceed through court martial or criminal court, emphasizing the need for expeditious investigation and trial."
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