Manipulating the IPC section : Telltale signs of fatal wounds
- The Sangai Express Editorial :: April 28, 2012 -

Richard Loitam :: Pix Courtesy of FB group for Richard

The picture is not so sketchy now. One thing that has emerged very clearly is the fact that despite the post mortem report pointing out potentially fatal injuries on the body of the late Loitam Richard, the Madayayakanahatte police station in Bangalore has registered an FIR in connection with the death under section 174 (C) of the Indian Penal Code, which in short means Mysterious Death, far removed from homicide.

Sample the findings as furnished by Victoria Hospital, Bangalore in its post mortem report and one will get a fair idea of the Mystery Death' of Loitam Richard.

In as much as we would like to do away with the medical terms used in the report as they tend to confuse rather than throwing lights on it, it has not been possible and one point that stands out prominently is the mention of the words, "Face is disfigured and decoloured. Both eyes are blackened."

The post mortem report went on to say, "On reflection, diffuse blood extravation present over frontal and occipital region."

In lay man's term this could mean blood could be seen on the front and back portion of the head. The interim report for the cause of the death has been given as Brain Haemorrhage, pending the clinical analysis and histopathological examination reports.

The external injuries mentioned in the post mortem report is extensive and include laceration at the outer parts of the left eyebrow, laceration over left forehead, contusion over left upper lip, abrasion over top and outer aspect of right shoulder, multiple abrasions of varying sizes over the back of the right hand and injuries on the inner side of the right thigh.

The injuries mentioned in the post mortem more than say that Richard was severely assaulted and while it is for the Court to decide whether he was murdered by whom or whether it was an accidental death, it is inexplicable to see that Madayaya- Court to decide whether he was murdered by whom or whether it was an accidental death, it is inexplicable to see that Madayaya-kanahatte police station has deemed it fit to file the FIR under 174 (C) of the IPC.

Prima facie the mysterious part should be who assaulted him so severely and not how he died. The conspiracy of silence is clearly audible. When a boy as young as 19 was subjected to such a beating at about 8 pm, as the injuries demonstrate, it should, have been enough to wake up the neighbourhood.

Only the hostel authority can answer why everyone slept so soundly that night. Or does Bangalore city go to sleep at 8 pm.

Some relevant questions are in line here. According to the statement submitted by the hostel warden to the Station House Officer of Madayayakanahatte police station, Richard had a quarrel with a friend Vishal, from room number 213 of the hostel on April 17 at about 8 pm.

Even as the quarrel was on, another guy by the name of Afzal Ali joined in and hit Richard in the face. Hit, this is a key word, for since punch is not mentioned, hit could mean the use of anything, maybe a club ?

This question may fall in the realm of speculations or even trial by the media, but it is significant nonetheless.

The statement submitted by the warden says that Richard was found asleep till 1.30 pm of April 18 and on seeing his nose bleeding, the hostel doctor was summoned.

The hostel doctor pronounced him dead. This is the gist of the statement submitted by the warden to the police, but what has not been mentioned here is that the body was taken to the hospital by the hostel authority without first calling the police.

It is normal procedure to call the police, seal off the area and let them take the body to the hospital, in any case of unnatural deaths.

Why was this procedure not followed ?

Was the hostel room of Richard sealed after his death ?

These are the questions that we need to ask Bangalore police. Prima facie there is nothing mysterious about his death, given the nature of the injuries found on his body and the very process of filing the FIR under 174 (C) belies logic and reeks of a desperate attempt at covering the smoke that emanates from a fire place !

The only mysterious part may be who inflicted those injuries.

On the other hand, so far the State Chief Minister has not said a single word on the matter, with the message sent by Home Minister Gaikhangam to his counter part being the consolation.

But is this enough ? If the death of a human, that too a young man, with a brilliant future ahead of him can be turned on its head by manipulating the sections and clauses of the IPC, then this says something about how the process of delivering justice can be engineered by the police.