IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18980 of 2008(H)
1. P.D.SATHYA DAS , BINU BHAVAN
... Petitioner
2. SONIA BINU, BINU BHAVAN
Vs
1. DIRECTOR GENERAL OF POLICE
... Respondent
2. SUPERINTENDENT OF POLICE (RURAL)
3. DEPUTY SUPERINTENDENT OF POLICE
4. CIRCLE INSPECTOR OF POLICE
5. CENTRAL BUREAU OF INVESTIGATION,
6. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/10/2009
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.18980 of 2008 H
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JUDGMENT
Petitioners are the father and widow of
deceased Binu Das, who died under suspicious
circumstances on 1.11.2007. Crime No.361/2007 of
Kazhakuttom Police Station was registered under
Section 174 of Code of Criminal Procedure on the
suspicious death of Binu Das, after recording the
statement of Stephen, the brother of the mother of
the deceased Binu Das. Postmortem examination on
the body was conducted on 2.11.2007 by
Dr.K.S.Meena, Assistant Professor of Forensic
Medicine. The blood and viscera, preserved at the
time of autopsy, were sent for chemical analysis.
Based on the investigation, Sub Inspector of Police
filed a report before Sub Divisional Magistrate,
Thiruvananthapuram stating that there is no
suspicion regarding the death.
WPC 18980/08 2
2. Later, on 15.2.2008, report of chemical
analysis, on examination of the blood and viscera,
collected at the time of autopsy and examined at
the laboratory, was received by Investigating
Officer, which discloses that death was due to
Triazophos poisoning. Based on that report, Sub
Inspector re-opened the investigation and
questioned the witnesses. Superintendent of Police,
Thiruvananthapuram Rural, as per order dated
28.3.2008, entrusted the investigation to Deputy
Superintendent of Police, Attingal. In spite of
investigation, no progress could be achieved.
Petitioners, at this stage, filed this petition
under Article 226 of Constitution of India for a
writ of mandamus commanding respondents to transfer
Crime No.361/2007 of Kazhakuttom Police Station to
the fifth respondent, Central Bureau of
Investigation or to some other Investigating
Agency.
WPC 18980/08 3
3. Deputy Superintendent of Police, Attingal,
who was entrusted with the investigation, filed a
statement dated 4.7.2008 stating that in spite of
investigation, no conclusion could be reached how
the poison triazophos reached the body of Binu Das
and the case is being investigated and informants
were set in and around Gandhipuram to watch public
talk regarding the death and steps are being taken
to find out whether the deceased purchased the
alleged poison from any of the shops, prior to the
incident and whether there is any enemy among his
friends or relatives and to find out whether there
was any money transaction with the deceased.
4. Later, as directed, the Deputy Superintendent
of Police filed a further statement dated 21.7.2009
stating that on investigation, it is revealed that
Binu Das married the second petitioner on 7.4.2004
and when she belongs to Christian community, he
belongs to Nadar community and along with the wife,
he had gone to Gulf and though marriage was 3=
WPC 18980/08 4
years earlier, no child was begotten and Binu Das
had availed loan from Gulf to construct a house at
Gandhipuram and though the house was constructed,
the property stands in the name of his mother and
being a diabetic patient, he had some physical
illness and when Binu Das parted for the last time
from his friends, he had told them as to how long
they could meet again and in spite of investigation,
from where the poison was purchased could not be
found out and it appears that it is a case of
suicide.
5. A reply affidavit was filed by the
petitioners controverting to the findings and the
statements, contending that there was no proper
investigation and in such circumstances, necessary
directions are to be issued.
6.Learned counsel appearing for the petitioners
and learned Government Pleader were heard.
7. It cannot be disputed that death of Binu Das
was under suspicious circumstances. From the report
WPC 18980/08 5
of chemical analysis, it cannot be disputed that it
was not a natural death, but was due to triazophos
poisoning. Though, in the subsequent statement
filed by the Investigating Officer it is stated
that it could be a case of suicide, if triazophos
poison was consumed by the deceased with the
intention to commit suicide, he should have
purchased the same from some shop. Investigation
does not reveal that the deceased obtained the
poison. If poison was consumed by the deceased, the
balance or the bottle, should have been available
somewhere near to the place of occurrence or with
the deceased. Nothing could be recovered. Though,
it is stated that it could be a case of suicide, no
material was unearthed to support the case of
suicide. In such circumstances, in spite of the
fact that Investigating Officer sought time to
complete the investigation stating that certain
aspects, which are specifically mentioned in the
written statement, are to be found out, in spite of
WPC 18980/08 6
the protracted investigation, nothing could be
unearthed. In such circumstances, interest of
justice warrants that there should be a proper,
effective and thorough investigation.
Writ petition is disposed directing the first
respondent, Director General of Police, to handover
investigation of Crime No.361/2007 of Kazhakuttom
Police Station to the Crime Branch, with a
direction to conduct investigation by a competent
Officer not below the rank of Deputy Superintendent
of Police. It is made clear that Investigating
Officer has to conduct a thorough, effective and
expeditious investigation.
6th October, 2009 (M.Sasidharan Nambiar, Judge)
tkv