IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27457 of 2009(Q)
1. RAJALEKSHY SREEDHARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR GENERAL OF PROSECUTION,
3. THE DEPUTY SUPERINTENDENT OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.VINOD SINGH CHERIYAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/05/2010
O R D E R
* * * *V.*RAMKUMAR,*J.* * * *
* * * * * * * *
*W.P.* *( * * * * * * * * * * * * * *
C) No. 27457 of 2009
Dated,* this the 20th day of May, 2010
Judgment
The petitioner who is the mother of late N.K. Sheeba
Susheelan, seeks a direction to entrust the investigation of Crime
No. 203 of 2009 of Museum Police Station, Thiruvananthapuram
to the 3rd respondent Deputy Superintendent of Police ,CBCID,
Crime Branch Headquarters, Thiruvananthapuram.
2. Sheeba Susheelan, the daughter of the petitioner
was found dead on 21-4-2009 hanging from a ceiling fan in Flat
No. 7C opposite to Aakasavani, Vazhuthacaud,
Thiruvananthapuram. The said flat belongs to her husband Dr.
Babu Susheelan. Sheeba was aged 50 years when she was
found dead. The marriage between Sheeba and Doctor Babu
Susheelan was some time in the year 2001. It was the second
marriage of Sheeba and the 3rd marriage of Dr. Babu
Susheelan. Dr. Babu Susheelan has a daughter in his first wife
and she is also a doctor by profession. Deceased Sheeba has a
son in her first marriage. The petitioner is permanently residing
W.P. ( C) No. 27457 of 2009 -:2:-
at Chennai. Petitioners brother one K.V. Jinadas is a resident of
Pallur in Mahe. At 2.45 p.m. on 21-4-2009 Dr. Babu
Susheelan went to the Museum Police Station and made a
report as follows:-
“He was a Professor in Harisburg University at Pensilvenia
State in America. He is now retired. His present wife
Sheeba Susheelan was found dead by hanging on the ceiling
fan in the bedroom of his flat sometime between 1.45 p.m.
and 2.30 p.m. on 21-4-2009. He came to report the said
death. His first wife died. He married Sheeba in the month
of March 2001. They were permanently residing in America
He came to Thiruvananthapuram on 17-2-2009. On 21-4-
2009 he had gone out and after visiting his bank and other
places he reached home at about 1.15 p.m. At that time
Sheeba was not at home. The maid servant served his
lunch and went away. After some time Sheeba came.
Himself and Sheeba had their lunch together. At about
1.45 p.m. he went to his room to have some rest. Sheeba
went to the next room to work on the Computer. At 2.30
p.m. when he got up and went to Sheeba’s room he found
Sheeba hanging on the ceiling fan using a pink shawl.
Sheeba had attempted to commit suicide earlier by taking
over doze of sleeping pills while they were in America.
This was Sheeba’s 2nd marriage. Her former husband
died. She has a son in her first marriage by name Rahul who
W.P. ( C) No. 27457 of 2009 -:3:-
is in America. The complainant has two children in his first
wife. His son Hari Susheelan is presently in America. His
daughter Lakshmi Susheelan is at present in Kerala.
Sheeba must have committed suicide due to some mental
turmoil. He has no suspicion in the matter.
The Museum Police registered a case as Crime No.
203 of 2009 under the caption “Unnatural death” under Sec.
174 Cr.P.C. Both the inquest as well as post-mortem report
only confirmed that the cause of death was due to hanging.
The statement of the Autopsy Surgeon Dr. S. Sivasudhan
who was a Professor and Head of the Department and
Forensic Medicine, Medical College, Thiruvananthapuram
was affirmative that there was nothing unusual with regard
to the ligature mark noted in the post-mortem report.
3. The petitioner has a specific case that the husband
of the deceased being a doctor was able to influence the doctors.
A perusal of the post-mortem report shows that a noting to the
effect that lungs “showed rib markings on the surface and
ballooned, crepitant” is seen scored off and no investigation
appears to have been done by the investigating officer by
questioning the Autopsy Surgeon with regard to the above
portion of the postmortem report. Strangely enough, neither
the viscera nor the blood or other tissue have been taken or
W.P. ( C) No. 27457 of 2009 -:4:-
preserved for any histopathological examination. None of the
neighbours nor relatives appear to have questioned by the
Investigating Officer who was only the Sub Inspector of Police,
Museum Police Station.
4. According to the petitioner, eventhough Dr. Babu
Susheelan found his wife hanging in the afternoon of 21-4-2009
at 1.15 PM the information was given to K.V. Jinadas at Mahe
who is none other than the uncle of the deceased and brother of
the petitioner only at 6.51 P.M. By the time Jinadas reached
Thiruvananthapuram, the autopsy was already over. In Ext.P2
application to the Police (SHO, Museum) the uncle of Sheeba
had stated that her husband was pressing her to pay huge
amounts of money to him. Sheeba had movable and immovable
properties valued more than 10 lakhs and he had information to
the effect that her husband Susheelan had taken an insurance
policy in her name lately and he suspected that Susheelan and
the daughter born to his first wife who is also a doctor had
conspired each other to finish off Sheeba for gain. He had also
alleged the fact that another wife of Dr. Babu Susheelan who
died mysteriously was kept as a secret. No investigation worth
the name appaears to have been conducted with regard to the
aforementioned aspects of the case. I am not satisfied with the
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perfunctory investigation conducted by the Sub Inspector. The
case definitely deserve a deeper investigation at the level of a
Senior Officer.
Hence, I am of the view that interests of justice require
that the case is investigated by the Crime Branch Police.
Accordingly, the investigation of Crime No. 203 of 2009 of
Museum Police Station, Thiruvananthapuram shall be
transferred to the Crime Branch Police under the 3rd
respondent who shall conduct a detailed, scientific and
impartial investigation into the various aspects of the matter
and submit a final report within four months of taking over the
investigation.
This Wit Petition is allowed as above.
Sd/-V. RAMKUMAR, JUDGE
/true copy/
P.S. to Judge