JAHAR MISRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Decomposed body of a woman was discovered on 24th November, 2001, from a paddy field near Bidhan Chandra Krishi Viswavidyalaya, Regional Research Sub-Station at Raghunathpur, in the district of Purulia. One Bikash Chandra Patra, who was a lecturer with that institute at the material point of time came to learn of the body lying on the field on that day and he had given that information to police. Said Bikash Chandra Patra deposed as P.W.8 at the trial, out of which this appeal arises. Samar Banerjee (P.W.4), Officer in-charge of Raghunathpur Police Station, on receiving such information started U.D. Case No.53/01 dated 24th November 2001 and entrusted Mridul Kanti Saha (P.W.5), sub-Inspector of police with the task of investigation of the case. Subsequently, on 28th November, 2001, One Kashinath Chakraborty (P.W.1) had identified the body to be that of her daughter, Manju. In his written complaint to the police made on 6th December, 2001, he implicated the appellant-accused and his four brothers, Krishna Mishra, Gunadhar Mishra, Subal Mishra, Mohar Mishra and their brother-in-law Amar Tewari in the offence of murder of his daughter. Complaint was also made of physical and mental torture of the victim. On the basis of P.W.1's complaint, formal F.I.R was registered by the P.W.4 and Raghunathpur P.S.Case No.60 of 2001 under Sections 498A, 302, 201, 120B and 34 of the Indian Penal Code, 1860 was started. This appeal has its origin in that case.

(2.) P.W.5, on the basis of the said U.D.Case conducted inquest at the location where the dead body was discovered and sent the body, unidentified at that point of time, for post-mortem examination to Sadar Hospital Morgue, Purulia. His inquest report made on the same day, inter-alia, records :

(3.) Dr. A.K. Josh undertook post-mortem examination but he could not come to a definitive opinion as regards the cause of death of the person on whose body he conducted autopsy. This was mainly because of the decomposed state of the dead body. In his examination-in-chief, which largely corroborates his opinion reflected in the post-mortem report, he stated:-