NAJERA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for a direction upon another investigating agency to conduct the investigation in the instant case.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. As would be evident from the picture of the victim hanging with a rope from outside the window of the accused, it would be abundantly clear that it was a case of murder and not suicide. In spite of this, the case was registered only under Sec. 306 of the Indian Penal Code. No statement of the complainant and other witnesses were recorded under Sec. 164 of Code of Criminal Procedure. A perfunctory investigation was going on. Possibly there was a need for a second post mortem report. The petitioner approached this Court with his grievances in W.P.A. No. 23991 of 2023. By an order dtd. 10/10/2023 passed by this Court, it was directed that the Investigating Officer shall also explore the circumstances under which the alleged crime could have been committed vis-a-vis the question as to whether it would have been possible for the petitioner's son to get up to the place near the window and commit suicide without support of a chair or any other article or anyone. This has not been answered by the Investigating Officer and the charge sheet was submitted only under Sec. 306 of the Penal Code. In fact, local police had been instrumental in unnecessarily harassing the petitioner. A belated F.I.R. was registered after accused had come out on bail alleging that the petitioner had snatched away some articles from them. Repeated efforts were made to threaten and silence the petitioner.

(3.) Learned counsel appearing on behalf of the State relies on the report submitted earlier and the case diary and submits as follows. The case was started under Sec. 306 of the Code because that is what was alleged by the de facto complainant. Extensive investigation was done. Post Mortem report was collected and relevant witnesses examined. No case of murder could be made out.