IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8912 of 2007(J)
1. VALSA EAPEN, W/O LATE K.S.THOMAS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE DEPUTY SUPERINTENDENT OF POLICE,
4. DIRECTOR GENERAL OF POLICE,
5. STATE OF KERALA,
For Petitioner :SRI.G.SHRIKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice R.BASANT
Dated :02/04/2007
O R D E R
R.BASANT, J
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W.P(C).No.8912 of 2007
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Dated this the 2nd day of April, 2007
JUDGMENT
The petitioner, a teacher, is the widow of an advocate. She has
come to this Court complaining about the inadequate and
unsatisfactory investigation that has been conducted into the death of
her husband, a person, aged about 55 years, at the time of his death.
He was practicing at Punalur, whereas the petitioner is employed as a
teacher in Malappuram district. It is the case of the petitioner that her
in-laws did not promptly inform her about the injuries suffered by her
deceased husband or his admission to the hospital or the treatment
there at. Long later, she was informed that he had breathed his last.
She has come to know that inconsistent and contradictory statements
were made by her in-laws at different points of time to explain the
death of her deceased husband. According to the petitioner, no proper
investigation has been conducted at all. She prays that there may be
a direction to get a proper and efficient investigation conducted by a
specialised agency.
2. Notice was given to the learned Government Pleader. A
statement has been filed by the Investigating Officer.
3. Certain fundamental facts have not been disputed. The
W.P(C).No.8912 of 2007 2
deceased with injuries was admitted to the hospital on 31.08.2005.
He had injuries on his person and the alleged cause was “assault by
father”. The father is a person aged about 89 years. No crime was
registered immediately thereafter on the basis of the wound certificate
issued. The patient was referred to the Medical College, Trivandrum
on 07.09.2005. On 08.09.2005 he succumbed to the injury suffered
by him . Thereafter an F.I statement is seen registered at the instance
of his brother. In that, a totally different version was advanced than
the statement of the alleged cause of the doctor in the wound
certificate. It was attempted to be described as a case of accidental
death. Investigation revealed the emptiness and hollowness of the
grievance raised by the brother of the deceased in the F.I statement.
Crime was initially registered under Section 174 I.P.C. Later, an
allegation was raised that the 89 year old father had assaulted the
deceased. It was also alleged that death had occurred not on account
of any injuries, but because of some ailments of the deceased. The
petitioner moved the Lok Ayukta complaining about the inadequate
action by the police officers. Earlier, she had submitted a petition to
the Director General of Police also. Ext.P2 is the said complaint. The
Lok Ayukta got the matter to be examined by the Superintendent
of Police, who submitted Ext. P3 report. Reserving her right
W.P(C).No.8912 of 2007 3
to seek proper relief before the appropriate forum, the proceedings
before the Lok Ayukta was not pursued. It was withdrawn and
thereafter the petitioner has come to this Court.
4. Notice was given to the learned Government Pleader. As
stated, a statement has been filed by the Investigating Officer. The
Investigating Officer does not explain clearly as to why no F.I.R was
registered from 31.08.05 to 08.09.2005.
5. I shall scrupulously avoid any detailed discussion on merits
or make an attempt to resolve the factual controversies raised, lest it
might prejudice the interests of the parties. But there can be no doubt
whatsoever on the aspect that the file eloquently declares that a
proper investigation has not been conducted in the matter. The plight
of the petitioner is most unenviable. She was not present when the
deceased suffered the injuries which eventually led to his death. The
deceased had very serious injuries as can be ascertained from the
wound certificate as also the postmortem certificate. How did the
deceased suffer these injuries ? Contradictory versions are seen
advanced. According to her, an attempt is made to place the blame on
the shoulders of the old and aged father of the deceased, a person
aged about 89 years. She reasonably apprehends that the injuries
were suffered at the hands of the others in the house, probably, the
W.P(C).No.8912 of 2007 4
close relatives of the deceased. She is aggrieved that a proper
investigation has not been conducted to bring out the truth. I have my
complete sympathies with the petitioner. It is impossible for a
reasonably prudent mind to hold that the police had conducted a
proper enquiry. I have no hesitation to agree that a proper and
effective investigation must be conducted and that no such
investigation has been conducted so far. This, I am, satisfied, is an
eminently fit case where the 4th respondent, the Director General of
Police must immediately direct investigation to be conducted by a
specialised investigating agency. I do not want to specify the agency.
It will be for the 4th respondent to ascertain the proper personnel to
conduct the investigation. I need only say that I am of the opinion
that it will only be appropriate that the 4th respondent selects and
entrusts such investigation to the most competent hand available at
his disposal who can conveniently discharge that obligation.
6. In the result, this Writ Petition is, allowed. The 4th
respondent is directed to entrust the investigation to a a competent
officer of any specialised agency who shall conduct a proper
investigation expeditiously.
7. The 4th respondent shall, within a period of one month from
this date, file a statement before this Court as to the steps taken by
W.P(C).No.8912 of 2007 5
the 4th respondent in this regard. The learned Government Pleader
shall forthwith communicate the direction to the 4th respondent. File
the statement under intimation to the counsel for the petitioner.
(R.BASANT, JUDGE)
rtr/-