Petitioner, wife of deceased, challenged failure to conduct fresh postmortem via re-exhumation. Court held no ground for interference as medical evidence established cardio respiratory arrest linked to alcohol habit, dismissing the writ petition.
Prayer for fresh postmortem report and re-exhumation of the dead body dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 132 of 2022
---- Petitioner
Versus
---- Respondents
(Cause-title taken from Case Information System)
For Petitioner : Mr. Goutam Khetrapal, Advocate. For Respondents/State : Mr. H. S. Ahaluwalia, Deputy Advocate General
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Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Smt. Rajani Dubey, Judge
Order on Board
Per Ramesh Sinha, Chief Justice 04.08.2023
Heard Mr. Goutam Khetrapal, Advocate appearing for the petitioner. Also heard Mr. H. S. Ahluwaila, learned Deputy Advocate General appearing for respondent/State.
2. The present writ petition has been filed by the petitioner with the following prayers:
3. By way of the instant writ petition, the petitioner is seeking a direction to the respondent No. 3 that form a committee of Forensic Expert conduct a fresh postmortem report of the dead body of petitioner's husband to ascertain the cause of death of her husband. The petitioner's husband namely- Yogeshwar Patre was lying injured in Village Mudhipar on
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13.10.2021 and he was admitted in Vandana Hospital, Mangla Chowk, Bilaspur, at that time, the condition of the petitioner was very serious and several injuries were found over the parietal region of the body, which is evident from the photographs. During treatment, Yogeshwar Patre died on 14.10.2021, on the basis of intimation, the Station House OfÏcer, Police Station, Bilha sent the dead body for postmortem, thereafter, the doctor of District Hospital, Bilaspur has given report, in which, the cause of death was not properly mentioned and further the injures were also not mentioned. The petitioner has made several requests before the respondent authorities for conducting a fresh postmortem report of the dead body of her husband by the team of forensic experts by taking away the dead body buried in the field of petitioner at Village Mudhipar, but till date, the police authorities have not taken any action. The petitioner has also made a complaint before respondent no. 4, but till date, no action has been taken. Hence this petition.
4. Learned counsel for the petitioner submitted that the petitioner is the wife of the deceased. He submits that the petitioner is having strong apprehension that her husband namely-Yogeshwar Patre has been killed, as there were having enmity and monetary dispute between the husband of petitioner and other villagers namely Chhotu Kurre, Ishwar Miri, Anil, and the deceased was last seen with the said Chhotu Kurre, Ishwar Miri, Anil. He also submits that the cause of the death of the deceased could not be ascertain though the postmortem was conducted and there appears to be some discrepancies in the postmortem report regarding the cause of death due to which, her husband died and hence she has come up before this Court for getting the dead body of the deceased exhumed and be again enquire the reason for the cause of death.
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5. Learned Deputy Advocate General submitted that the deceased died as he was a habitual drunker and the Postmortem Report of the deceased - Yogeshwar Patre in which, the concerned Doctor has clearly opined that, the cause of death is Cardio Respiratory Arrest and it is also advised that a definite opinion can be given about mode of death after viscera report for which, all the necessary viscera samples have been preserved for forensic examination. He also submits that, on 10.01.2022, the Station House OfÏcer, Police Station Bilha, District Bilaspur has sought certain information from the Medical OfÏcer, District Hospital Bilaspur regarding the reasons of death of the deceased Yogeshwar Porte and in turn, the concerned District Medical OfÏcer has informed that on 03.02.2022 injury is found over body as mentioned in PM report, but there is no any fracture and no any hemorrhage hematoma found in internal brain part from that injury and the death is not possible from that mentioned injury and may be possible that injury is caused with self falling. He further submits that, thereafter, samples so collected during the Post Mortem, were duly sent for forensic examination. Thereafter, on 07.02.2022, the Forensic OfÏcer, Regional Forensic Laboratory, Bilaspur has informed the Senior Superintendent of Police, District Bilaspur that, the pieces of Heart, Lung, Liver, Kidney, Spleen, Stomach, Small/Large Intestine of the deceased consisting Ethyl Alcohol and there is no poisonous substance found. He again submits that, all the adverse allegations made against the concerned authorities are not true. However, after Morgue Intimation, the Police has conducted an investigation and during investigation, certain statements of the local villagers/witnesses have also duly been recorded in which, they have nowhere stated or suspected the death of the deceased Yogeshwar Porte, as the deceased was habitual of alcohol/liquor and it was found that, for the last 4-5 days before his death, he had not consumed food properly. He
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lastly submits that, the allegations leveled by the petitioner are not found proved, thus, there is no illegality or infirmity on the part of the Respondents Police Authorities, therefore, the instant petition is unsustainable and devoid of any merit or substance and deserves to be dismissed.
6. In view of the submission made by the parties, particularly the fact that the cause of death enquired into by the medical expert thrice and as well it transpires from the postmortem report wherein it was found that the deceased was in a habit of consuming liquor and on account of which he appears to have died. Therefore, we do not find any good ground for interference by this Court with regard to the prayer of the petitioner that the body of the deceased be exhumed which was buried in the year 2021 and the cause of death be enquired after exhumation.
7. In view of the above, the instant writ petition fails and is hereby dismissed.
Sd/- Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice
amita
2 issues framed by the court
Whether the Court should direct the re-exhumation of the deceased husband's body for a fresh postmortem to ascertain the cause of death.
Whether the existing postmortem reports and forensic findings necessitate judicial interference for a new inquiry into the cause of death.
Mayavati Patre
State Of Chhattisgarh Through The Secretary, Home (Police) Department
The Collector Bilaspur
The Superintendent Of Police Bilaspur
The Sub Divisional Magistrate Bilha
The Station House OfÏcer Police Station, Bilha
Ramesh Sinha
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
