High Court Kerala High Court

T.A.Joseph vs The State Of Kerala on 22 September, 2009

Kerala High Court
T.A.Joseph vs The State Of Kerala on 22 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30056 of 2008(C)


1. T.A.JOSEPH, S/O.AGED 90 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE SUB DIVISIONAL MAGISTRATE,

3. THE DEPUTY SUPERINTENDENT OF POLICE,

4. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JOICE GEORGE

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/09/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
                W.P.C.NO. 30056 OF 2008
              ------------------------------------------

             Dated     22nd     September          2009


                          JUDGMENT

This petition is filed under Article 226 of

Constitution of India by the father of the deceased

Joseph alias Maya brother, who died in a suspicious

circumstance on the night of 20/7/2006 in his

residence at Vazhikkadavu in Theekoy village of

Kottayam district, for a writ of mandamus directing

respondents 3 and 4, Deputy Superintendent of Police

and Sub Inspector of Police to conduct proper and

effective investigation on Ext.P1 FIR registered under

Section 174 of Code of Criminal Procedure on the

unnatural death.

2. Learned counsel appearing for petitioner

and learned Government Pleader were heard.

3. As directed, the fourth respondent

investigating officer filed a report stating that a

case was registered under Section 174 of Code of

Criminal Procedure based on the statement of Cyril,

elder brother’s son of the deceased and the enquiry

WPC 30056/08
2

conducted revealed that the deceased along with one

Sijo and his friends had gone to Vagamon for sight

seeing and thereafter, came to the house of the

deceased and from there, the deceased and the guests

consumed liquor till 1.30 a.m on 20/7/2006 and as

instructed by the deceased, Sijo and the friends

slept on the ground floor and deceased went upstairs

and slept on a table. In the morning, when Sijo went

to the upstairs, the body of the deceased was found

lying on the floor with oozing blood from his nose and

head. Postmortem certificate establish that death was

due to head injury. According to the statement, it is

revealed that deceased was in the habit of

consuming liquor and no suspicious circumstance was

found out.

4. Learned counsel appearing for

petitioner submitted that by a fall from the table

a fatal head injury will not be caused and it is a

suspicious circumstance. It is also argued that fact

that Sijo and friends were staying with the deceased

on that night was not known to the brother’s son of

the deceased, when the statement was given and if a

proper investigation is conducted, truth will come

WPC 30056/08
3

out.

5. I find no reason to direct further

investigation as sought for. Apart from raising

suspicion, no material is pointed out as to why Sijo

or friends had to commit a homicide especially, when

there is no case that they were on inimical terms with

the deceased or that they are to gain anything by the

death of the deceased. In such circumstances,

petition is dismissed. Dismissal of the petition will

not affect the right of the petitioner, to file a

private complaint, if he so advised.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.