Cuttack: Orissa high court has transferred the investigation into the death of Odisha motor vehicle department (OMVD) constable Ashutosh Mrudungi to the crime branch-CID, observing that the alleged involvement of his wife and brother-in-law could not be ruled out in view of his dying declarations.Justice R K Pattanaik passed the order on a petition filed by Mrudungi’s sister Nibedita Devi, who had alleged that the police investigation was not fair and effective. The order passed on Sept 1 was uploaded online on Monday.Mrudungi, 31, sustained nearly 80% burn injuries in an incident on the night of June 5 near his wife’s govt quarters in the police colony near Bijipur Chowk under Berhampur Town police limits. He died at AIIMS Bhubaneswar on July 12 while undergoing treatment.Police had initially suspected self-immolation. However, Mrudungi’s sister later lodged a complaint alleging the involvement of his wife, a woman constable posted at the police reserve office in Berhampur, and his brother-in-law.During the hearing, advocate S K Nayak, appearing for the petitioner, submitted that despite the deceased’s dying declarations allegedly naming his wife and brother-in-law, neither had been arrested. He said one of the alleged accused was a police constable and expressed apprehension that this could affect the fairness of the probe.The court examined the case diary and statements of witnesses recorded under Section 180 of Bharatiya Nagarik Suraksha Sanhita (BNSS). It noted that the investigating officer had claimed that the investigation was “substantially over” and that evidence had already been collected.The court, however, found that the dying declarations warranted further investigation.“Having regard to the fact that the deceased made the dying declarations, it cannot be said that there is no evidence at all against the deceased’s wife and brother in law,” Justice Pattanaik observed.The court also noted that one of the dying declarations had been recorded in the immediate presence of an executive magistrate. Justice Pattanaik said the involvement of the wife and brother-in-law “cannot be ruled out particularly as against the dying declarations of the deceased”.Holding that the investigation was not satisfactory, the judge directed its immediate transfer to the crime branch-CID.“Such investigation should immediately be handed over to the CB, CID,” the court ordered, directing the authorities to hand over all case records to the agency “without further delay” for further investigation in accordance with law.