K. KUMARI PATRO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Dash, learned advocate appears on behalf of petitioners. On earlier occasion he had submitted, petitioner no.1 is widow of a person, who was arrested on 23/9/2015 and died on 25/9/2015, in custody. His clients contend that death was by negligence. He demonstrated, arrest was in the afternoon, a little after 4:00pm on 23/9/2015. Remand order was obtained the next day. He referred to Magisterial Enquiry report dtd. 31/1/2016, disclosed in counter dtd. 2/1/2019 of opposite party no.6, saying, inter alia that at around 7:10pm on 24/9/2015, the prisoner was found to be trembling and having fever. The report goes on to say, at around 8:15pm on the next day, observing critical condition of the prisoner, he was shifted to Community Health Centre (CHC), Kodala. He referred to page 34 in the writ petition to demonstrate that the CHC issued ticket for outdoor patient, bearing endorsement 8:40pm and, inter alia, referred the patient to hospital. The hospital said the prisoner was brought dead at 10:50pm.

(2.) Today he draws attention to screening report dtd. 24/9/2015 of health screening for prisoners on admission to jail. He points out therefrom, the Medical Officer (MO) had indicated, the deceased was 64cms. in height and allegedly no abnormality was detected. He submits, this report cannot be relied upon as non-application of mind in making it appears on its face. He then refers to counter affidavit dtd. 20/12/2018 filed by opposite party nos.3 and 4 to submit, there is omission to mention examination by the MO soon after the arrest was made.

(3.) He submits, sec. 54 in Code of Criminal Procedure, 1973 requires examination of arrested person by MO. Sub-sec. (3) mandates report of such examination to be furnished to the arrested person or person nominated by him. Sec. 55-A casts duty on the person having custody of an accused, to take reasonable care of his health and safety. He submits, two counters and an additional affidavit have been filed but there is no whisper of medical examination, let alone report thereof. The postmortem said the person died of tuberculosis, attributing it to be natural cause of death. State is seeking to take position that condition of the arrested person could not be detected to be serious till before 8:15pm on 25/9/2015, a couple of hours before his death.