ABDUL RASHID Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petition seeks a direction for an independent enquiry into the death of a child labour beaten to death.

(2.) The case of the petitioner is that on 14.11.1996, one Rajunu Khan was working in a Bidi Company in Seikh Bazar was beaten to death by the owner and died on the spot. The matter was published in the daily newspaper "The Samaj" on 18.11.1996. The parents of the deceased are poor and did not take remedies. The Magistrate conducted the enquiry by getting the deadbody from the grave and found injuries on the deadbody. The deadbody was buried by the owner of the Bidi Company without informing the parents of the victim. On postmortem being conducted, the case was found to be homicidal death.

(3.) A counter affidavit has been filed on behalf of the State of Odisha by the Inspector-in-charge, Lalbag Police Station. According to the said affidavit, on 15.11.1996, the Inspector-in-charge started enquiry and found that Nanda @ Rajun Khan, son of Mohammad Khan of Seikhbazar, aged about 15 years was working in Tarabidi Company at Seikhbazar and expired on 14.11.1996 and was buried at Idga Kabarstan by his kith and kin and others. A case was registered and inquest was held in the presence of the Magistrate. The deadbody was recovered from the grave and sent for Postmortem. According to Postmortem report, the injuries were antemortem and could have been caused by blunt forcetuma. The injuries were fatal to cause death in ordinary course of nature. The brother of the deceased made a statement that deceased expired due to fall from the top of the building to the watchman at the burial ground.