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Body exhumed twice, 78-year-old awaits justice for son’s death

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Posted: Apr 09, 2008 at 0054 hrs IST

Kolkata, April 8 On Tuesday afternoon, as Namita Sarkar stood near her son’s grave at the Bhowanipur cemetery, watching his body being exhumed for a second time since November 2007, the 78-year-old was a picture of mixed emotions. It was hope because of the possibility of justice, and also sheer grit — “this is not my age to be in this predicament, but the truth must come out.”

On the night of July 7, 2007 her son Kamal died at his Sonarpur residence in South 24 Parganas. A local physician had declared the cause of his death in the death certificate as “myocardial infraction”, a finding Sarkar just couldn’t accept.

After doing several rounds of the Sonarpur police station, Sarkar approached the Chief Judicial Magistrate, Alipore. Following the CJM’s directive, the Sonarpur police exhumed Kamal’s body on October 11 and sent it for postmortem.

The report prepared by Dr T K Roy, medico-legal autopsy surgeon with the Alipore police morgue — stated “there is an evidence of bruise at left side of trachea (2.5x2.5 inches) with fracture of hyoid bone on left side. The bruise showed evidence of vital reaction. Further, there is an evidence of bruise to scalp tissue and in the left frontal and temporal area, bloodstained brain tissue situated over a six inch area.” The report concluded that “on the extremely decomposed body, it is seen that death in all probability was due to the effect of strangulation manually, associated with brain injury ante-mortem and homicidal in nature.” Sources close to Sarkar suspect an extra-marital affair of Kamal’s wife Nandita to be the reason behind his death.

Based on the police report, Nandita was arrested on January 23 and remanded in judicial custody by the Additional CJM, Baruipur. Later, she was released on bail. Sarkar, who had expected police custody for Nandita, then made a special appeal to the DIG, CID on February 2.

CID submitted a report on March 19 to Baruipur ACJM mentioning that “based on the statement of neighbours and relatives of the deceased and comparing their statement with the accused, Nandita, prima facie no foul play could be detected behind the death.” It submitted that the CID be allowed to exhume the body again.

What Sarkar and her lawyer Subhamoy Samaddar find ironic is that despite an official postmortem report from the previous exhumation, Kamal’s remains are being sent for postmortem again.

DIG CID Neeraj Narain Pandey said Kamal’s body was exhumed again to further their investigation. “It is not as if we are not considering the earlier postmortem report. Medico-legal experts advised us that the body should be re-examined,” Pandey said.

“I’m hoping that my son gets justice. They may have arrested Nandita, but what about those who assisted her in killing my son?” Sarkar said.

TIMELINE
* July 7, 2007: Namita Sarkar receives call from her daughter-in-law Nandita that her son Kamal has died. A local physician certifies the cause of death as “myocardial infraction”.
* August 21: Sarkar submits written complaint to South 24 Parganas SP asking for a probe
* September 14: She appeals to CJM, Alipur
* October 3: CJM, Alipur issues directions to Sonarpur PS
* October 11: Sonarpur police exhume Kamal’s body for the first time. Body sent for postmortem. Report says in all probability, death was caused due to manual strangulation and brain injury ante-mortem and was homicidal in nature
* January 23, 2008: Police arrest Nandita Sarkar. A district court remands her in judicial custody. She is released on bail
* February 2: Sarkar approaches CID for further prove. CID takes up the case
* March 19: CID submits report to district court saying prima facie, no evidence of foul play. Asks to exhume body
* April 8: CID exhumes Kamal’s body for the second time, sends it for post-mortem

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