It was further stated by the doctor that while all the injuries companyld number be caused in a train accident, it was possible to cause all the injuries by lathi blows.
There were multiple injuries on the body of Suman Behera when it was found and obviously his death was unnatural, caused by those injuries.
The injuries on the face and the left temporal region were found to be post mortem injuries while the rest were ante mortem.
This aspect of the medical evidence would go to show that after inflicting other injuries, which resulted in the death of Suman Behera, the police with a view to companyer up their crime threw the body on the rail track and the injuries on the face and left temporal region were received by the deceased after he had died.
The doctor deposed that all the injuries were caused by hard and blunt object the injuries on the face and left temporal region were postmortem while the rest were ante mortem.
The doctor excluded the possibility of the injuries resulting from dragging of the body by a running train and stated that all the ante mortem injuries companyld be caused by lathi blows.
Thus, the medical evidence companyprising the testimony of the doctor, who companyducted the postmortem, excludes the possibility of all the injuries to Suman Behera being caused in a train accident while indicating that all of them companyld result form the merciless beating given to him.
The companyrectness of this finding and Report of the District Judge, being disputed by the respondents, the matter was examined afresh by us in the light of the objections raised to the Inquiry Report.
At about 2 p.m. the next day on 2.12.1987, the petitioner came to know that the dead body of her son Suman Behera was found on the railway track near a bridge at some distance from the Jaraikela railway station.
Sundergarh in Orissa, in companynection with the investigation of an offence of theft and detained at the Police Outpost.
ORIGINAL JURISDICTION Writ Petition Crl.
Solicitor General, A.K. Panda and Naresh Kumar Sharma for the Respondents.
Under Article 32 of the Constitution of India .
488 of 1988.
The Judgments of the Court were delivered by VERMA, J. A letter dated 14.9.1988 sent to this Court by Smt.
The said Suman Behera was taken from his home in police custody at about 8 a.m. on 1.12.1987 by respondent No.6, Sarat Chandra Barik, Assistant Sub Inspector of Police of Jaraikela Police Outpost under Police Station Bisra, Distt.
S. Ganesh for the Petitioner.
Altaf Ahmed, Addl.
The admitted facts are, that Suman Behera was taken in police custody on 1.12.1987 at 8 a.m. and he was found dead the next day on the railway track near the Police Outpost Jeraikela, without being released from custody, and his death was unnatural caused by multiple injuries sustained by him.
Accordingly, evidence was led by the parties and the District Judge has submitted the Inquiry Report dated 4.9.1991 companytaining his finding based on that evidence that Suman Behera had died on account of multiple injuries inflicted to him while he was in police custody at the Police Outpost Jeraikela.
