Orissa High Court
Bishnu Priya Bhoi And Ors. And ... vs State Of Orissa And Ors. on 20 October, 1995
Equivalent citations: 1996CRILJ1923, 1996(I)OLR21
Author: D.P. Mohapatra
Bench: D.P. Mohapatra
JUDGMENT R.K. Dash, J.
1. These two writ petitions arise out of one incident and therefore, this common Judgment is passed which will govern both the cases.
2. One telegram purported to have been sent by some Advocates of Sambalpur praying for necessary action against those police personnel responsible for the death of one Bijay Choudhury in Sadar Police Station, Sambalpur on 3-5-1995 was received by this Court and was registered as OJC No. 3027 of 1995. For the self-same incident, Secretary, District Bar Association, Sambalpur, addressed another letter stating, inter alia, that some shop-keepers of the Court area reported the Bar Members that one Bijay Kumar Choudhury, a betel shop owner, was beaten to death by the officers of Sambalpur Police Station. An emergent general body meeting of the association was convened where it was resolved to bring the matter to the notice of the Supreme Court, Human Rights Commission, High Court of Orissa and also the Chief Minister for taking appropriate action in the matter. The said letter of the Bar Association was registered as OJC No. 3238 of 1995.
3. On being noticed, the Circle Inspector of Police Sadar, Sambalpur, filed counter-affidavit on behalf of the Superintendent of Police, Sambalpur. It is stated in the said affidavit that on 2-5-1995 at about 8 p.m. on receipt of a telephonic information that two persons being under the influence of liquor were quarrelling and creating trouble in a roadside hotel, locally known as 'Misra Dhaba', a station diary entry was made whereafter Shri R.S.P. Koche, IPS, Additional S.P. (under training) along with Inspector Panigrahi, ASI B.N. Sahu and one Constable left for the hotel. On reaching there they found that two persons being drunk were unable to take care of themselves and were creating disturbance in the locality. So, the Additional S. P. brought them to Sadar P. S. and then to the hospital for medical examination. Regarding this incident a report was lodged by one Brij Mohan Sharma on the basis of which formal FIR was drawn up and a case was registered. Of the two persons who had been taken to the hospital, one was Kishore Kumar Padhi. Although he had taken alcohol but since he was able to talk and take care of himself he was discharged after medical examination. The other one, namely, Bijay Kumar Choudhury who was found to be heavily drunk was admitted in the hospital--The Medical Officer washed his stomach and gave him necessary treatment. But at about 1 O'clock in the night his condition deteriorated and ultimately he died. In presence of the Executive Magistrate inquest was held and then the dead body was sent for post mortem examination. The autopay doctor having conducted the examination reserved his opinion awaiting chemical examiner's report to whom he had sent the viscera for examination. Subsequently on receipt of the chemical examination report he opined that the death of the deceased was possibly due to alcoholic interaction.
4. We have scrutinised the relevant documents filed on behalf of the State. There are certain suspicious circumstances which speak volume of the public officials, involved in the incident. It is asserted in the counter-affidavit filed on behalf of the Superintendent of Police, Sambalpur, that Additional S. P. Shri R.S.P. Koche, having made station diary entry No. 40 dated 2-5-1995 at 3 p.m. left for the spot with some other Police Officers and on reaching there he apprehended two persons (one of them was the deceased) and brought them to police station to get them medically examined. A look at the medical requisition. Annexure-8 reveals that examination of the deceased relates to a particular case, that is, FIR No. 31 dated 2-5-1995/ Station Diary No. 12 dated 2-5-1995. As stated earlier, the station diary entry made by the Additional S. P. was numbered as 40 dated 2-5-1995. Therefore, a doubt arises as to how station diary No. 12 could be mentioned in the medical requisition, Annexure-8. So far as FIR Case No. 31 dated 2-5-1995 is concerned, it may be mentioned that the said case was registered on a written report being lodged by one Mohan Charan and in the formal FIR drawn up by the police, two persons, namely, Nagendra Misra and Birendra Misra were arrayed as accused persons. It is indicated in the said formal FIR, that while registering the case a station diary entry was also made vide station diary entry No. 43 dated 2-3-1995. It may be mentioned that informant Brij Mohan Sharma who is said to have lodged the written report was an outsider and was in no way concerned with the incident. According to his own admission, while coming to the police station to take back the documents of his mini-truck he saw the incident and lodged the report. A cursory view of the allegations made in the report do not prima facie make out a cognizable offence so as to enable the Police to register is a case, it is, therefore, evident that having brought the deceased and another to the police station the Additional S.P. managed to get a case registered and then sent both of them to the hospital for examination., Furthermore, there is also a missing link as to what steps were taken against those persons named as accused in the FIR who alleged to have assaulted the deceased and his associates.
5. Admittedly the deceased after being admitted in the hospital breathed his last whereupon post mortem examination on his dead body was conducted. As borne out from the letter of the Circle Inspector, Sambalpur to the Medical Officer, the autopsy doctor found three injuries of which two were abrasions situated near the right ear and right forearm and one contusion on fore-head. By addressing the said letter to the Medical Officer he made a query as to whether injury No. 1, i. e., abrasion below right ear which is said to be ante mortem in nature could be noticed at the time or admitting the deceased since as opined by the autopsy doctor the said injury could be possible due to friction with hard and rough object. From this it is crystal clear that the deceased sustained some ante mortem injuries, but evidence is lacking as to whether any of those injuries was sufficient to cause death. The autopsy doctor after examination did not opine the cause of death. Only on receipt of the chemical examiner's report (Annexure-J) that alcohol could be detected in the viscera, he opined vide Annexure-K that death of the deceased was possible due to alcoholic intoxication. This opinion, in our considered view, being based on no definite reasoning cannot be accepted as gospel truth that death of the deceased occurred due to alcoholic intoxication. As it appear the autopsy doctor was hand-in-glove with the concerned police officers involved in the incident.
6. On consideration of the totality of the facts and circumstances of the case, we are prima facie satisfied that the deceased had sustained some ante mortem injuries, but whether those injuries were sufficient to cause death and who was responsible for these injuries are the matters which can be gone into if proper investigation is made. This observation of ours is for the limited purpose of passing an order directing investigation. Accordingly, we direct the Deputy Inspector General of Police (Crimes) to investigate into the matter in accordance with law. We entrust the investigation to a senior police officer because one of the officers involved in the incident, namely Shri R.S.P. Koche is an S.P.S. Officer.
7. With the above direction, both the writ applications are disposed of. Send a copy of this order to Chief Secretary, Government of Orissa.
D.P. Mohapatra, A.C.J. I agree.