LAWS(MEGH)-2023-8-11

DOROTHY MARBANIANG Vs. STATE OF MEGHALAYA

Decided On August 31, 2023
Dorothy Marbaniang Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The petition was disposed of by a judgment and order of March 22, 2016, declining the principal prayer for a reinvestigation into the circumstances leading to the death of a police official in Patharkhmah.

(2.) The petitioner was the mother of the deceased. The grievance of the petitioner was that the procedure under Sec. 174 of the Code of Criminal Procedure, 1973 had not been followed in course of the Serial No.01 Supplementary List investigation and that there was an attempt by the investigating agency to suppress the real facts and give the incident a colour of suicide.

(3.) There were three important allegations in the petition filed by the mother who, unfortunately, has died since. The mother pointed out an anomaly that the doctor, who had treated the deceased when he was still alive and was taken to the Patharkhmah community health centre, indicated that the gun-shot wound that the then patient had suffered was from behind his head. Such opinion revealed that the then patient had been shot on the back of his head and the bullet exited the cranium from the left part of the forehead. However, as the petitioner duly emphasised, the post-mortem examination conducted at the Civil Hospital in Nongpoh on the next day indicated that the gun-shot wound was suffered on the left forehead and the bullet entered the skull from such part and exited from slightly off the middle of the back of the head.