JAMES MASSEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition is filed by the petitioner for the following reliefs:-

(2.) Learned counsel for the petitioner/complainant would submit that his son (hereinafter to be referred as 'deceased') was in love with a girl, however, her family was against this relationship as the girl belongs to Hindu Community while the deceased was belonging to Christian Community; that, on 6/9/2024 the deceased was seen with the girl and next day mother of the girl informed the petitioner/complainant that the dead body of his son was lying in bushes near the trees at Bichai, Tanakpur which is 200 mtrs. away from the house of girl; that, the petitioner lodged the FIR no.0100/2024 at P.S. Tanakpur u/s 140(3) of Bhartiya Nyaya Sanhita, 2023.

(3.) Learned counsel would further submit that after registration of FIR, autopsy on the body of the deceased was conducted but the same was not done properly; that, the injuries are visible on the back side of the skull of the deceased but nothing incriminating was mentioned in the post-mortem report regarding the cause of death or by which weapon or means death was resulted; that, the reason for death is only shown as hemorrhage shock due to ante-mortem injury. He would further submit that in the post-mortem report doctor has not stated by which weapon or mode the death was caused.