Judgment:
Hrishikesh Roy, J.
1. Heard Mr. M. Sarania, learned Counsel for the petitioner. Also heard Ms. B. Goyal, learned Govt. Advocate, who appears for the respondent.
2. The present petition has been filed by the mother of Hajang Brahma, who was a student of VI standard in St. Claret High School, Borjhar. On 03.11.2007, the son of the petitioner died by hanging under suspicious circumstances and his body was found in one of the hostel rooms of the said school. An FIR in connection with the incident was lodged with the Azara Police Station and an Azara Police Station Case No. 163/07 was registered under Section 306 IPC. Inquest over the dead body was conducted by the Magistrate and the post mortem on the body was carried out in the GMC Hospital, Guwahati.
3. It is contended by the learned Counsel for the petitioner that the investigation of the case is not satisfactory and the post mortem report annexed as Annexure 'B' to the Writ Petition is contrary to the statement of several witnesses, who noticed injury marks on the body of the deceased.
4. On receipt of notice from the Court an affidavit has been filed by the Senior Superintendent of Police (City), Guwahati. In the affidavit, it is indicated that no foul play is suspected regarding the death of Hajang Brahma as the post mortem report indicates the death on account of 'asphyxia as a result of anti-mortem hanging suicidal in nature,'....
It is further averred that the Deputy Superintendent of Police, Pandu Division, has been supervising the investigation and all possible steps areibeen taken to ensure an appropriate investigation of the case.
5. Notwithstanding the averments made by the Senior Superintendent of Police (City), Guwahati, strenuous arguments were been put forward on behalf of the petitioner that post mortem examination has not been properly conducted and it is submitted that only a fresh post mortem examination would unearth the actual circumstances leading to the death of the petitioner's young son. It is further submitted that the body of the deceased is buried in a coffin at Diphu and if the body is exhumed and fresh post mortem is done, the actual story would be revealed.
The claim for a fresh port mortem examination is made on account of the impression gathered by the petitioner that several persons have seen injury marks on the body of her son, and such injury marks have not been indicated in the post mortem report.
6. Ms. B. Goyal, learned Govt. Advocate submits that the post mortem examination has been conducted by the Doctors of the GMC Hospital and video recording of the post mortem examination has also been done as per the request of the Investigating Officer. It is submitted that it is unlikely, that any contrary findings would emerge than the one already given, through a fresh post mortem examination.
However the learned Counsel has no objection to carry out a fresh post mortem examination.
7. Considering the matter in its entirety, and also to remove any doubt from the mind of an anguished mother who lost her son through unnatural death, we deem it fit to direct the respondent authorities to exhume the body of Hajang Brahma, stated to be buried in a coffin in a burial ground at Diphu. After exhumation of the body, a fresh post mortem examination, is to be carried out, without involving the Doctors who had earlier conducted the post mortem examination.
8. After such fresh post mortem examination, if any fresh light is thrown, the Police would ensure an appropriate investigation in the light of such fresh evidence. Since a young life is lost under mysterious circumstances, it is hoped that the respondent authorities, particularly, Police authorities would carry out a fair and efficient investigation and conclude such investigation with expediency, so that none would have any grievance about the fairness of the investigation of the case.
9. With the aforesaid directions the cases are disposed of. Let a copy of this order be made available to Mr. M. Sarania, learned Counsel for the petitioner and Ms. S. Sarma, learned State Counsel for appropriate action.