Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5540 of 2021 Petitioner :- Nebulal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
1. Heard Sri Ravindra Prakash Srivastava, learned counsel for the petitioner and Sri Roopak Chaubey, learned A.G.A. for the State respondents.
2. Affidavit of the respondent no.2, dated 17.09.2021 has been filed today, which is taken on record.
3. This writ petition has been filed praying for the following relief.
“I. issue a writ, order or direction in the nature of Mandamus directing the respondent No.1 to 3 to take necessary actions to conduct the post mortem of the deceased namely Ram Achal again in case crime No. 78 if 2021, under section 147, 148, 149, 323, 504, 452, 354, 342 I.P.C and 3(1)(r) S.C./S.T. Act, Police Station- Kalwari, District- Basti.
ii. issue any other writ, order or direction in suitable nature which this Hon’ble Court may deem fit and proper under the circumstances of the case.”
4. According to the petitioner the deceased Ram Achal received injuries on 30.04.2021. As per injury report dated 04.05.2021, following injuries were received by the deceased Ram Achal.
“Injury-
1. lacerated wound 3x5 cm on Rt Side 2cm above eye brow in front of head.
2. Swell contusion 3x2 cm around the eye on Rt Side Bluish color, According to patient decreased vision seen refer to district Hospital Basti for expert opinion on optha dept.
3. Swell contusion 3.5x 3 cm around eye Lt Side Blue in color, According to patient decreased vision to see refer to district Hospital Basti for expert opinion on optha dept.
Opinion-
Injury are simple nature Hard and blunt object Duration- about 4-5 day”
5. The aforesaid Ram Achal died on 06.06.2021. As per post mortem report dated 07.06.2021, cause of death is shown as “could not be ascertained viscera preserved and sent for forensic examination” . In the aforesaid postmortem report it is mentioned “no any external injury seen on the body.” In the aforesaid postmortem report lungs of the deceased has been described as “Thorax is patchy, discoiourosis over surface of both lungs, on cut blood mix pus discharge present.”
6. It appears pursuant to the letter of Additional District Magistrate, Basti, dated 28.08.2021, a medical team was constituted to clarify the cause of death of the aforesaid Ram Achal and after the postmortem, the file of the deceased and video graphic clip, the medical team came to the conclusion that aforesaid Ram Achal died due to lungs infection.
7. The injury report dated 04.05.2021 as aforequoted, has not been disputed by the petitioner which records that the injuries are simple in nature and had been made with a hard and blunt object. No injuries were found at the time of postmortem on 07.06.2021. It is not the case of the petitioner that the deceased Ram Achal has not recovered from the simple injuries as mentioned in the injury report dated 04.05.2021, before his death on 06.06.2021. Under the circumstances, if the aforesaid injuries as mentioned in the injury report dated 04.05.2021 are not shown in the postmortem report dated 07.06.2021, it does not require that the postmortem be conducted again.
8. Learned A.G.A. has produced viscera examination report, dated 7/8.9.2021 of Vidhi Vigyan Prayogshala, U.P. Ramnagar, Varanasi, with respect to the deceased Ram Achal, in which the result of examination is recorded as under :
“िविसरा के भागों (1-5) मे इथाईल अल्कोहल िविष पाया गया, िकन्तु यह विस्तु (6) मे नहीं था। रासायिनक वि माइकोस्कोिपक िवििधियां प्रयोग की गयी। अन्य रासायिनक िविष के प्रयोग नकारात्मक रहे। प्रयोग के समय समस्त साविधिािनयां ध्यान मे रखी गयीं।"
9. In view of the facts and circumstances mentioned above, we do not find any good reason to direct the respondent nos. 1 to 3 to take necessary action to conduct again postmortem of the deceased, namely, Ram Achal in Case Crime No.78/2021, P.S. Kalwari, Basti.
10. For all the reasons aforestated, we do not find any merit in this writ petition. Consequently, the writ petition is dismissed .
Order Date :- 20.9.2021/vkg