Calcutta High Court (Appellete Side)
Salim Ahmed And Anr vs State Of West Bengal & Ors on 6 June, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
06.06.2023
Court No.13
Item No.3
AP
WPA 23497 of 2022
Salim Ahmed and Anr.
Vs.
State of West Bengal & Ors.
Mr. Ranajit Chatterjee
Mr. A.K. Biswas
Mr. Prosenjit De
Mr. Niladri Sekhar Ghosh
Mr. Aniruddha Mitra
Mr. S. Mondal
Ms. S. Chatterjee
... For the Petitioners.
Mr. Amitesh Banerjee
Ms. Ipsita Banerjee
Ms. Piyali Sengupta
... For the State.
Mr. R.N. Majumder
Mr. S.M. Obaidullah
Mr. Ayan Bhattacharya
... For the IIT.
Mr. Sandip Kumar Bhattacharya, Amicus Curiae
... For Dr. A.K. Gupta.
1.The Forensic Expert appointed by this Court, Dr. Ajoy Kumar Gupta has submitted a second post mortem report through learned amicus curiae, Mr. Sandip Kumar Bhattacharya.
2. The observation of the Forensic Expert of the post mortem dated 27th May, 2023 is that, "Death of Faizan Ahmed, 23 yrs Muslim Male was due to profuse bleeding causing hemorrhagic shock and combined effect infused over chest and over head. Manner of death of Faizan Ahmed, 23 yrs was ante mortem injuries, Homicidal in nature. Further opinion will be 2 given after receipt of report of preserved articles from Forensic Science Laboratories (Central)."
3. This Court is surprised that the first post mortem doctors missed out on the vital and important aspect of the body of the deceased. The Director of the CFSL shall cause an enquiry into the circumstances under which the omission occurred.
4. There are serious questions that are required to be addressed by the police and the IO. The matter now becomes an investigation into a likely Homicidal of murder.
5. On the adjourned date the investigating officer shall submit a further report after considering the second post mortem report. The investigating officer shall be free to add additional sections to the FIR and include other persons as accused for investigation.
6. The original post mortem report is returned to Mr. Sandip Kumar Bhattacharya, Amicus Curiae. A carbon copy of the second post mortem report dated 27th May, 2023 is kept with the writ petition in a sealed cover. Copies of the post mortem report may be made available to the petitioners and the counsel for the State.
7. The investigating officer may collect the original post mortem report from Dr. Ajoy Kumar Gupta, Forensic Expert by tomorrow.
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8. The case diary shall also be produced before this Court on the adjourned date.
9. The latest viscera and samples collected by the Forensic Expert may be sent immediately by the investigating officer to the CFSL, Rajarhat, Kolkata.
10. The Director of the CFSL, Rajarhat, Kolkata shall personally ensure that a fresh forensic report is submitted within a week of receipt of the samples. Expedition is required in the facts of the case and the Director of the CFSL, Rajarhat, Kolkata shall bear the same in mind.
11. The Kolkata Police shall arrange to re-transport the body back to Dibrugarh and shall hand over the same to the family members of the deceased for performance of final rites.
12. The Original medium (chip) on which the photographs and videos of the second post mortem have been recorded, are returned to the Dr. Ajoy Kumar Gupta and the same may be collected by the Superintendent of Police, Paschim Medinipur, from Dr. Gupta.
13. The Superintendent of Police, Paschim Medinipur shall make copies of the photographs and videos of the second post mortem through the Scientific Wing of the Kolkata Police and make available copies of the same to the petitioners and Mr. Sandip Kumar Bhattacharya, amicus curiae.
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14. Inquest and/or Surathal report may be handed over to all parties and the amicus curiae by the investigating officer.
15. This Court directs IIT, Kharagpur to pay a further remuneration of a sum of Rs.17,000/- to Dr. Ajoy Kumar Gupta, Forensic Expert, positively before the adjourned date.
16. This Court records with deep appreciation to the efforts put in by Dr. Ajoy Kumar Gupta, not only in expressing the preliminary opinion but also for having conducted the second post mortem and having given vital assistance to this Court. The preliminary opinion of Dr. Gupta has been confirmed in the second post mortem.
17. This Court is at a loss for words to also record its deep appreciation for the invaluable assistance of Mr. Sandip Kumar Bhattacharya, learned advocate, amicus curiae, who has also humbly declined to accept any remuneration for the services rendered. He is requested to continue to assist this Court in this matter.
18. Let this matter stand adjourned and be listed on 14th June, 2023.
19. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)