IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 36028 of 2004(L)
1. K.P.VARKEY, S/O.PAILY,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. THE DEPUTY SUPERINTENDENT OF POLICE,
5. SUPERINTENDENT OF POLICE,
6. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent :SRI.S.SREEKUMAR, SC FOR CBI
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :06/12/2006
O R D E R
K.R. UDAYABHANU, J.
W.P.C.NO.36028 OF 2004
DATED THIS THE 6th DAY OF DECEMBER 2006
JUDGMENT
The petitioner who is the father of the deceased Noble Varghese
@ Noby, aged 23, who was found dead and lying in the well situated
in the house compound of the neighbour of the petitioner, i.e.Babu,
S/o.George on 15-5-2004 in the middle of the night and whose death
has been written off as accidental by the police, has sought for further
investigation into the matter by the C.B.I. It is stated that the
deceased son of the petitioner had gone out of the house at about 10
p.m. with one Santhosh and at about 4.30 a.m.the petitioner woke up
hearing the barking of the dog and the commotion and came to know
that his son was found dead. The role of Babu, owner of the
compound who is the proprietor of Nedumparambil Bankers, is
strongly suspected. According to the petitioner, the above Babu who
is a rich person has influenced the police. The petitioner is a retired
driver of the K.S.R.T.C. Detailed questioning of the friends of the
deceased including Santhosh is necessary to unravel the truth.
According to the petitioner, the F.I.S.by Babu contained discrepancies
and contradictions. According to the petitioner, the chappals found
near the well were of different size.
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2. As directed by this Court, the Sub Inspector, who
investigated the case has filed a statement. It is stated therein that
as per the F.I.S. at night at about 10.30, the wife of the informant
Babu George, heard the sound of somebody walking on the roof top
of his house and the cracking sound of tiles. The lady raised a hue and
cry and the informant and his wife heard the sound of somebody
jumping from the roof top and running away. They alerted the
neighbours and on a combing operation by the local people in the
neighbourhood, a pair of chappals lying near the well situated at
about 5 metres away from the staircase was found and the nylon net
covering the mouth of the well was found torn. Fire force was called
and the person lying inside the well was lifted up and was found dead.
The postmortem conducted at the Medical College, Allappuzha
indicated that the deceased had consumed alcohol. There were 12
anti-mortem injuries which were just abrasions and one lacerated
wound at the back of left foot. The finding of the Forensic Surgeon is
that the deceased died due to drowning. 33 witnesses have been
questioned. A report has been filed in this regard before the Sub-
Divisional Magistrate.
3. The Case Diary was produced and the counsel was heard.
4. On a perusal of the Case Diary, I find that no witnesses have
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mentioned anything suspicious about the conduct of Babu Goerge, the
first informant. Further the mahazar showed that the height of the
well is only 50 cms. and the same is situated 5.8 metres from the
house, on its back side. The evidence is that the chappals were
found near the well and that the same was a pair. The investigation
has revealed nothing incriminating with respect to the role of the first
informant. There is no evidence as to any animosity entertained by
anybody against the deceased. The statement of the witnesses who
are the friends and the elder brother of the deceased show that the
deceased was drunk to the gills when he was going out of the house
after 10 p.m. I find that the investigation by the C.B.I.is not at all
warranted in the circumstances.
All the same, the Superintendent of Police, Ernakulam is
directed to see that the investigation is verified and if necessary the
same is to be further investigated. The same shall be done at the
earliest. The writ petition is disposed of accordingly.
Sd/-
K.R.UDAYABHANU, JUDGE
ks/- TRUE COPY
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ks.