The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1349 of 2023 Sushama Sura … Petitioner Mr. S.Dash, Advocate State of Odisha & others … Opposite Parties -versus- Mr. S.S.Pradhan, AGA CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 04.09.2024 Order No. 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application under Article 227 of the Constitution of India by the petitioner seeking for a direction to OP No.3 to conduct due and proper investigation in Khalikote PS Case No. 551 of 2022 by an alternative competent agency. 3. The short facts involved in this case are that on 26.09.2022 at about 6.30 A.M., the dead body of one Sudarsan Sura of village K.Jholama under Khalikote Police Station was found hanging from a bamboo bar affixed to the centering stage in a newly constructed house near the wine shop of village Keshapur. Getting such information, the family members of the deceased rushed to the spot and found the dead body of the deceased hanging by saree with injures to his face, leg and scrotum. On Page 1 of 6 being informed by the son of the deceased, Khalikote PS UD Case No. 32 dated 26.09.2022 was registered and inquest was conducted and the dead body was sent to PM examination. However, on the written report of wife of the deceased on 28.09.2022, Khalikote PS Case No. 551 of 2022 was registered against unknown person for commission of offence U/S. 302 of IPC and the matter was investigated into, which culminated in submission of final form as insufficient evidence for commission of offence U/S. 302 of IPC. Notwithstanding to the aforesaid facts, the informant and her family members suspect some foul play in the matter and they believe murder of the deceased. Thus, being dissatisfied with the process of investigation, the petitioner has approached this Court for seeking the relief indicated in the preceding paragraph. 4.
Legal Reasoning
After having considered the rival submissions upon perusal of record, this Court considers it appropriate to state here that the inquest on the dead body of the deceased was done in presence of his son and relatives, but nobody had expressed any foul play in such inquest report although they had signed on such inquest report. Further, on the information of the son of the deceased, Khalikote PS UD Case No. 32 of 2022 was registered and the UD case was also investigated into, but the inquiry in UD Case does not reveal the involvement of any other person for the death of the deceased. It is no doubt true that the son of the deceased and the informant have some suspicion about the death of the deceased, but in the course of enquiry of the UD Case, the Enquiring Officer did not find any foul play, rather he opined the death of the deceased to be suicidal in nature. This Court, however, on going through the PM report furnished by the Associate Professor, FM&T of MKCG Medical College, Berhampur found the following opinion as to cause of death of the deceased:- “(i) The above mentioned ligature mark of hanging is ante mortem in nature and could be caused by a soft and broad for ligature material as produced ligature The examination. material is with enough tensile strength alleged Page 4 of 6 to be due to bear the weight of a healthy adult individual. to (ii) Death appears combined effect of asphyxia and venous congestion as a result of ante mortem hanging. (iii) The time since death at the time of post mortem examination is within about 06-12 hours”. 7. Further, on scrutiny of the statement of the witnesses recorded by the IO, this Court does not find any material to disagree with the opinion of the Investigating Officer, since none of the witnesses have stated anything about the murder of the deceased, rather they express suspicion about the death of the deceased. Further, the written instruction submitted by the IIC, Khalikote PS and taken on record, discloses that the deceased was under depression and suffering from mental disease and just few days before his death, the deceased had left his house by wearing a lungi and had gone to his younger sister’s house at Balugaon and stayed there for about three days and thereafter, he did not return to his house and the deceased was moving village to village by begging for food at Keshapur area and was later found staying at the newly constructed house of Ganapati Behera. The written instruction further reveals that on 25.09.2022 evening the deceased had come to the Fast Food shop of one Sukanta Jally and had taken some fried fish. It is also not in dispute Page 5 of 6 that the autopsy was conducted soon after the recovery of the dead body on the very same day and the opinion of the Doctor as to cause of the death of the deceased could not be remotely disputed by the petitioner in this case. In the circumstance, this Court does not find any cogent and substantial material to order or direct a fresh investigation by any other competent agency. 8.
Arguments
In the course of hearing, Mr.Suryakanta Dash, learned counsel for the petitioner, however, strongly submits that although there are suspicious circumstances, but ignoring such suspicious circumstance, the police have submitted final report in this case for insufficient evidence, but had the matter being investigated properly, the petitioner could have got justice. He further submits that the suspicious circumstance in this case is that the height of the bamboo beam affixed in the centering stage from the ground was around 6ft., but the dead body Page 2 of 6 of the deceased was found hanging from said bamboo beam on a sitting condition, which in the circumstance makes such suspicion indicative of foul play, since no person can commit suicide by hanging himself with a saree from a height of 6ft. On the aforesaid submissions, Mr.Dash prays for passing of suitable direction to handover the investigation to competent agency for de-novo investigation in the matter. 5. On the contrary, Mr.S.S.Pradhan, learned AGA by taking this Court through the relevant part of inquest and PM report, submits that the dead body of the deceased was found in hanging condition and the Doctor has opined that the cause of death of the deceased is ante-mortem hanging and thereby, no foul play being noticed by the police, a final report has been submitted in this case for insufficient evidence to proceed against anyone for commission of murder of the deceased. It is further submitted by learned AGA that merely because the informant suspects death of the deceased to be homicidal in nature, it cannot be considered as a case of murder, especially when the investigation having been done properly by a responsible officer, who after taking into account all the materials collected in the course of investigation has filed a final report stating therein that there is insufficient evidence to proceed against Page 3 of 6 anyone for commission of murder of the deceased. Mr. Pradhan, accordingly prays to dismiss the CRLMP. 6.
Decision
In the result, the CRLMP stands dismissed on contest, but in the circumstance no order as to costs. (G. Satapathy) Judge kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 05-Sep-2024 12:22:02 Page 6 of 6