Debangsu Basak, J. - (1.) The petitioner complains of perfunctory investigation with regard to Purba Burdwan Police Station Case No. 147 of 2018, dated June 28, 2018 under Sections 304/ 34 of the Indian Penal Code.
(2.) Learned Advocate appearing on behalf of the petitioner submits that, the death of the son of the petitioner is not explained either in the charge sheet or in the affidavit-in-opposition filed by the State. He draws the attention of the Court to the charge sheet as well as the post mortem report. He submits that, the injuries in the post mortem report are not explained in the charge sheet. He submits that, there are two injuries on the head noted in the doctor's report. The statement of the doctor conducting post mortem is relied upon. According to him, the doctor is of the view that one of the injuries can be explained by a blunt weapon hitting the person before his death. Other injury remains unexplained. He next draws the attention of the Court to the charge sheet. He submits that, in the charge sheet, the police have tried to explain the incident by stating that, the tutor was not present at the time of the incident. The police garnered from circumstantial evidence that, the victim threw a water bottle at one of the accused who thereupon threw the water bottle back at the victim. When such water bottle hit the victim, he succumbed to his injuries. He submits that, even taking such stand of the police at the highest, all the injuries on the body of the deceased remain unexplained. Therefore, he submits that, a further investigation be conducted by a new Investigating Authority.
(3.) Learned Assistant Additional Advocate General, appearing on behalf of the State relies upon the affidavit filed on behalf of the State. He submits that, a fair and impartial investigation was conducted. Charge sheet was submitted by the police.;