GOBINDA RAM SINGHANIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule was obtained against an order, dated January 4, 1977 passed by the learned Sub-divisional Judicial Magistrate. Asansol in Jamuria P. S. Case No. 10 (10) of 1976 under Section 302 of the Indian penal Code.

(2.) THE petitioner was arrested on the 8th of October 1976 in connection with Jamuria P. S. case No. 10 (10)of 1976 which was started on the basis of a F. I. R. for alleged murder of one Kiran Kumari Sahubala at about 13. 15 hours on the 8th of October, 1976 in the western side of the Honesty rice Mill Dhawa No. 6 in a jungle. The petitioner was allowed ad-interim bail on the 30th of October, 1976 with the condition of reporting to the Police station daily. Subsequently, the condition was modified and the petitioner was required to report to the Police Station twice a week. After the arrest of the petitioner an application was filed by the Officer-in-Charge, Jamuria police Station on the 9th of October, 1976 in which "requirement of medical examination was expressed". On the 19th of November, 1976, a direction was given by the learned Magistrate for taking of sample of blood from the person of the accused by the 21st november, 1976. But no blood was taken during that time. As the time expired on the 28th of November, 1976 another application was made on behalf of the prosecution in which it was prayed, inter alia, that the petitioner was to be detained for taking sample of blood from his body to be collected by S. D. M. O. , E. D. Hospital, Asansol. That was necessary for comparison of the mood stained wearing apparels of the accused. On the 4th of January, 1977, the learned Sub-divisional Judicial magistrate passed the impugned order directing the investigating officer to produce the petitioner before the s. D. M. O. , Asansol for the purpose of taking necessary sample of blood from his body. The said order is challenged in this Rule.

(3.) MR. Dilip Dutt, the learned advocate appearing in support of the rule, referred to the new provisions of section 53 of the Criminal Procedure code which authorises examination of accused by medical practitioner at the request of police officer. The said Section is as follows :