Law: Criminal Procedure Code (V of 1898)

Section: 176(2)

Criminal Procedure Code (V of 1898)--- ----S. 176(2)---Exhumation/disinterment of dead body for determination of cause of death---Grounds---Powers of Magistrate---Scope---Right of relatives of deceased to know cause of death---Magistrate dismissed the application filed by the accused for constitution of Medical Board for fresh post-mortem of the deceased after disinterment of the dead body---Under S. 176(2), Cr.P.C., the Magistrate had ample powers to disinter any dead body to ascertain the actual cause of death of the deceased person----No limitation was provided in criminal law for moving any application for exhumation of grave and disinterment of dead body, but the Magistrate was supposed to examine the information or application prudently, and if he was not satisfied with the averments of such application or was of the opinion that cause of death had already been ascertained properly, then he could decline the said application straightaway---For exhumation of the grave and disinterment of the dead body, mere suspicion was sufficient to ascertain the actual cause of death of the deceased to exonerate any slightest doubt in the minds of the relatives of the deceased, which was their legal right to know---Application for exhumation and disinterment, however, should have been examined judiciously and respect to the deceased and the dead body should have been maintained in view of the injunctions of Islam---Deceased was aged 20/21 years, who had been allegedly strangulated by her husband and others---Police had been informed instantly after commission of the alleged murder and mashirnama of recovery of dead body had been prepared---Inquest report and the corpse of the deceased was sent for post-mortem, after which the Woman Medical Officer had issued her report mentioning therein the cause of death in detail; thus, there was no need or justification for conducting a fresh post-mortem---Application for disinterment had been moved with mala fide intention and with the sole purpose of harassing the complainant and her family and to frustrate the murder case lodged against the accused persons---Impugned order, therefore, did not call for any…

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