Calcutta High Court (Appellete Side)
In Re: Indrajit Dey vs The State Of West Bengal & Ors on 29 August, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
29.08.18
Item No.16
Court No.15
Krishnendu
W.P. No. 15157 (W) of 2018
In re: An application under Article 226 of the Constitution of India filed on 14.08.2018;
And
In re: Indrajit Dey
- Versus -
The State of West Bengal & Ors.
Mr. Phiroze Edulji
Mr. Brajesh Jha
Mr. Tarunjyoti Tewari
Mr. Ravi Ranjan Kumar
For the Petitioner
Mr. Amitesh Banerjee
Mrs. Ipsita Banerjee
For the State
Mr. Edulji, learned advocate appearing for the petitioner submits that on 1st
August, 2018 one Sanjay Pan along with others sought to forcibly dispossess the
petitioner and also threatened him of dire consequences. The uncle of the petitioner,
namely, Tapas Dey, protested against such action. As such, he was severely assaulted.
Thereafter, on 4th August, 2018 at about 4 p.m. the petitioner found the dead body of
Tapas Dey which was hanging from a tree and there were several injury marks on the
dead body. A complaint to that effect was immediately lodged which was treated as
F.I.R. and Anandapur Police Station Case No. 97 of 2018 dated 04.08.2018 was
registered. Thereafter, the post mortem was conducted on 4th August, 2018 at 2.05 P.M.
In the post-mortem report produced before this Court it has, inter alia, been observed:
5(ii)(a) DEATH WAS DUE TO THE EFFECT OF HANGING ASSOCIATED WITH
INGESTION OF POISON AS NOTED ABOVE ANTEMORTEM IN NATURE. FOR
IDENTIFICATION OF POISON OPINION KEPT PENDING TILL RECEIPT OF
CHEMICAL EXAMINER'S REPORT.
Question 5 under Clause 5 (iii) runs as follows:
"KINDLY CLEARLY CLARIFY WHETHER THE CAUSE OF DEATH OF
DECEASED IN HOMICIDAL OR SUICIDAL IN NATURE?"
2
The said question was answered as follows:
"NO SIGN OF HOMICIDAL HANGING IS FOUND. SO THE HANGING WAS
MAY BE SUICIDAL HANGING".
In the said post mortem report as regards external and internal injuries it was
observed.
"AN OBLIQUE DARK COLOUR LIGATURE MARK ABOUT ½" WIDE AT THE
NECK. IT IS HIGH UP OF THYROID PROMINENCE & NON-CONTINUOUS AT
RIGHT MASTOID REGION ABOUT 1" AREA. THE LIGATURE MARK IS
FURROWED. ABRADED & PARCHMENTISED. THE LIGATURE MARK RUNS
DOWNWARD & MEDIALLY FROM THE RIGHT MASTOID REGION. CROSSED
MIDLINE OF ABOVE THYROID PROMINENCE TO LEFT SIDE. THEN PASSED
UPWARD & BACKWARD. CROSSED MIDLINE ABOUT 2½" BELOW FROM
OCCIPITAL PROMINENCE TO RIGHT SIDE. PASSED LATERALLY & ENDED
ABOUT 1" AWAY FROM STARTING POINT.
NO ANY OTHER EXTERNAL INJURY COULD BE FOUND".
Mr. Edulji further submits that from the photographs of the dead body produced,
it would be explicit that there were several injury marks on the dead body but the same
had not been noted by the Medical Examiner during post mortem. In such
circumstances, he prays for issuance of necessary direction upon the respondents to
conduct a second post mortem inasmuch as the body has not yet been cremated and is lying in the morgue of Paschim Medinipur Medical College and Hospital.
Mr. Banerjee learned advocate appearing for the State respondents has, however, disputed the contention of the petitioner and he submits that there is no contradiction in the post mortem report.
Prima facie, upon comparing the observations made under Clause 5(ii)(a) of the post mortem report with the answer given to Question No. 5 under Clause 5 (iii), it appears that there is some contradiction. To rule out all contradictions and to instill 3 confidence in the mind of the petitioner, it would be prudent to direct the competent authority to conduct a fresh post mortem.
Accordingly, this Court directs the Medical Superintendent of I.P.G.M.E.R. and S.S.K.M. Hospital, Kolkata to entrust the responsibility to conduct the second post mortem upon an experienced Medical Examiner in Forensic Medicine attached to the said Hospital. Upon conducting such post mortem the said Medical Examiner shall file a report before this Court on the returnable date.
The respondent no. 2 is also directed to extend all co-operation to the concerned Medical Examiner to conduct the second post mortem.
After the second post mortem, the dead body of Tapas Dey shall be handed over to the petitioner herein, subject to compliance of necessary formalities.
List this matter for further consideration under the heading "To Be Mentioned"
on 17th September, 2018.
(Tapabrata Chakraborty, J.)