Bhubaneswar: The Orissa High Court has directed the Crime Branch-CID to take over the investigation into the death of Odisha Motor Vehicle Department constable Ashutosh Mrudangia, observing that the alleged involvement of his wife and brother-in-law could not be ruled out in view of his dying declarations.
The direction came on a petition filed by Ashutosh’s sister Nibedita Devi, who sought a fair investigation and action against those named in the FIR.
Ashutosh was rescued in a critical condition from Bijipur Police Colony under Town Police Station June 5 and later died while undergoing treatment at MKCG Medical College and Hospital, Berhampur. Two dying declarations were recorded in the presence of a magistrate, in which he allegedly named his wife and brother-in-law in connection with the attack.
The State, in its status report submitted to the court August 26, said the investigation was substantially complete and appropriate legal action would follow on the basis of the evidence collected. It also stated that no eyewitness to the alleged incident could be traced and that a polygraph test of the accused at the State Forensic Science Laboratory, Bhubaneswar, yielded no adverse finding.
The petitioner’s counsel, however, alleged that despite the dying declarations and other materials, no arrests had been made and expressed apprehension over the fairness of the probe.
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The High Court observed that arrest depends on the evidence gathered by the investigating agency. However, it noted that the involvement of the accused could not be ruled out, particularly in view of the two dying declarations, one of which was recorded in the presence of an Executive Magistrate.
Finding the investigation unsatisfactory, the court directed that the case be immediately handed over to the Crime Branch-CID.
