GOLAKHA CHANDRA JENA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Promod Kumar Jena was involved in a number of cases u/S. 395, IPC. He was admittedly taken into custody on the night between 11th and 12/08/1990, though, according to the petitioner, the arrest was on 10th August. He was thereafter brought to Kendrapara Police Station and was said to have been released from that police station on 15-8-1990, which is denied by the petitioner. Thereafter, he was again taken into custody in connection with some other cases u/S, 395, IPC on the night between 22nd and 23/08/1990 and brought to Jajpur Road Police Station on 23-8-1990 at 9-00 a.m. The petitioner's case is that on 24/08/1990, he was informed by the police staff of Kendrapara that his son (Pramod) had committed suicide in police station of Jajpur Road. According to the petitioner, however, his son was intentionally murdered in the police station and his dead body was reduced to ashes despite his protest after refusing handing over of the dead body to him, The case of the opposite parties, however, is that Pramod committed suicide on the morning of 24th at about 5-15 a.m. by hanging himself by means of a rope which was prepared from the lace of his wearing lungi, by tying the rope at the iron bar of the skylight inside the latrine.

(2.) A magisterial inquiry in the matter was held and as per the report of the Subdivisional Magistrate (S.D.M.), Jajpur, the death of Promod had been caused "due to-suicidal hanging". The report is dated 29-1-1992.

(3.) Shri Kanungo appearing for the petitioner submits that the finding of the S.D.M. is belied by certain important features which have been mentioned in the post-mortem report dated 24-8-1990, a copy of which has been enclosed along with the report of the S.D.M.