BISHNU PRIYA BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two writ petitions arise out of one incident and therefore, this common judgement is passed which will govern both the cases.

(2.) One telegram purported to have been sent by some Advocates of Sambalpur praying for necessary action against those police personnel responsible for the death of one Bijay Choudhury in Sadar Police Station, Sambalpur on 3-5-1995, was received by this Court and was registered as O. J. C. No. 3027 of 1995. For the selfsame incident. Secretary, District Bar Association, Sambalpur, addressed another letter stating, inter alia, that some shopkeepers of the Court area reported the Bar Members that one Bijay Kumar Choudhury, a betel shop owner, was beaten to death by the officers of Sambalpur Police Station. An emergent general body meeting of the association was convened where it was resolved to bring the matter to the notice of the Supreme Court. Human Rights Commission, High Court of Orissa and also the Chief Minister for taking appropriate action in the matter. The said letter of the Bar Association was registered as O. J. C. No. 3238 of 1995.

(3.) On being noticed, the Circle Inspector of Police Sadar, Sambalpur, filed counter affidavit on behalf of the Superintendent of Police, Sambalpur. It is stated in the said affidavit that on 2-5-95, at about 8 p.m. on receipt of a telephonic information that two persons being under the influence of liquor were quarrelling and creating trouble in a road side hotel, locally known as "Misra Dhaba", a station diary entry was made whereafter Shri R. S. P. Koche, IPS, Additional S. P. (under training) along, with Inspector Panigrahi, ASI B. N. Sahu, and one Constable left for the hotel. On reaching there they found that two persons being drunk were unable to take care of themselves and were creating disturbance in the locality. So, the Additional S. P. brought them to Sadar Police Station and then to the hospital for medical examination. Regarding this incident a report was lodged by one Brij Mohan Sharma on the basis of which formal FIR was drawn up and a case was registered. Of the two persons who had been taken to the hospital, one was Kishore Kumar Padhi. Although he had taken alcohol but since he was able to talk and take care of himself he was discharged after medical examination. The other one, namely Bijay Kumar Choudhury who was found to be heavily drunk was admitted in the hospital. The Medical Officer washed his stomach and gave him necessary treatment. But at about 1 O' Clock in the night his condition deteriorated and ultimately he died. In presence of the Executive Magistrate inquest was held and then the dead body was sent for postmortem examination. The autopsy doctor having conducted the examination reserved his opinion waiting chemical examiner's report to whom he had sent the viscera for examination. Subsequently on receipt of the chemical examination report he opined that the death of the deceased was possibly due to alcoholic intoxication.