Heard Mr. PR Barman, learned counsel for the petitioner. Heard also Mr. S. Das, learned Govt Advocate. One Krishna Sharma, son of the petitioner while a aged about 16 years, a school going boy, was arrested by Police on 29.7.91 in connection with Ambassa PS Case No. 9 (7) 91 under sections 457 and 380 of IPC. The said Krishna Sharma was produced before Magistrate and police remand was obtained till 2nd August, 1991. On production before the learned Magistrate at Ambassa, the accused said Krishna Sharma complained of Police torture while in police custody during the aforesaid period of Police remand. I may state here that unfortunately the said complaint made by the accused person was not taken cognisance of.

2. On 2nd August, 1991 after production before the Court, accused was remanded to judicial custody. While in judicial custody ie in jail, the said accused died on 10.8.91. The dead body of the accused was examined by some Doctors and the post mortem report is available at Annexure D. The said post mortem report was signed by three Doctors. Report is as follows :

1. Injury 2. Disease of deformity 3. Fracture 4. Dislocation

(1) Penetrating injuries to tip and nail beds of left middle and index finger and right index and middle finger of around 1/2 CM x 1/100 M. Attended blood of varying length seen below the mentioned nail. These injuries are single old sute mortion in nature and sharp pointed weapon has been used.

(2) Foul smelling discharging sirees at the darsal aspect. Right forearm about 1/2 above the wrist joint us Aniemortem in .nature, hard blunt weapon used, old nature of injury is subject to the confirmation of X-ray taken on 6.8.91.

Sd/-illegible 26.9.94

More detailed description of injury or disease

(1) Infected sinus at the back side of right forearm around 1/2 above the right wrist joint. It discharged foul smelling per an pressure.

(2) Multiple penetrating injuries to the tip and nail beds of finger mentioned.

(3) Two greyish patches and are such patch in the middle and lower lobes

respectively of right lung and several greyish patches involving wide areas of both lobes of left lung. Suggestion of Bronchopronminies.

Option of Doctor as to cause of death

Cause of death in this patient is cardio respiratory failure in a case of Broncho precumonia which is natural in nature. Time of death 9.30 AM on 10.8.91 as per bed head tickets.

(1) lst 3rd to CMO (N) KLS

(2) 2nd copy to O/C Kmp P/S,

(3) 4th copy to SDM KNP.

(4) 5th Copy for office record.

l. Sd/-K.Debnath, 12.8.91

Dr. Keshol Debnath, KMP, HOP.

2. Sd/-M. Das, 12.8.91

Dr. M. Mrinmoy Das, MO Kamalpur Sub-Div Hospital.

3. Sd/- S. Debbarma, 12.8.91

Subhasis Debbarma, Kamlpur Hospital.”

3. Counter affidavit has been filed on behalf of the respondents. The fact that the accused Krishna Sharma complained of torture inflicted on his body by Police while in Police custody is not controverted. In substance the contention of the Govt is that the cause of death as per the finding of the Doctors is due to Cardio Respiratory failure in case of Bronchopronminies which is natural in nature.

4. Mr. RR B arman, learned counsel for the petitioner submits that the injuries inflicted on the body of the accused must have led to the death of the accused, inasmuch as the accused while in judicial custody did not complain of any sickness, nor is it the case of the State Govt that he complained of Bronchopronminies and that he was given treatment in jail. In other words if the accused while in custody had complained of such sickness the onus is on the State Govt to show that everything possible was done to save the life of the accused. There is not even an iota of evidence to show that the accused was indeed suffering from such disease and that adequate treatment was given to the accused. The only thing that is stated in the counter affidavit is that the accused died on 10.8.1991. The statement made in the counter affidavit to the effect that the accused died of Bronchopronminies is a f

Click Here to Read the rest of this document