IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18084 of 2010(Q)
1. PRASANNA,D/O.NARAYANAN,D & T COLONY,
... Petitioner
Vs
1. DIRECTOR GENERAL OF POLICE,
... Respondent
2. SUPERINTENDENT OF POLICE,ALAPPUZHA.
3. CIRCLE INSPECTOR OF POLICE,AROOR.
4. SUB INSPECTOR OF POLICE,AROOR POLICE
For Petitioner :SRI.K.K.SUNIL KUMAR (IDUKKI)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/07/2010
O R D E R
V. RAMKUMAR, J.
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W.P. ( C ) No. 18084 of 2010
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Dated: 16th day of July, 2010.
JUDGMENT
The petitioner who is a physically handicapped woman
aged 60 years residing at Sneha Nagar in Kadavanthara,
Kochi, seeks a direction to the first respondent Director
General of Police to order a proper investigation of Crime
No. 532 of 2009 of Aroor Police Station pertaining to the
death of the petitioner’s son Pramod aged 28 years.
According to the petitioner who is working as a Sweeper in
the Corporation of Cochin on daily wages, the petitioner’s son
was murdered by his wife’s relatives and the petitioner is
suspecting her daughter-in-law Nisha and one Jose who is
the husband of Nisha’s elder sister.
2. I heard the learned counsel for the petitioner and
the Public Prosecutor. I also perused the case diary files.
3. The marriage of Pramod and Nisha five years ago
W.P. ( C ) No. 18084 of 2010- :2:-
was a love marriage. Pramod is a Hindu and Nisha is a
Christian. The father of Pramod is no more. Pramod along
with his mother (the petitioner herein) was residing at
Sneha Nagar, Kadavathara, Kochi. After the marriage,
Pramod started residing in his wife’s House at Vattathara
House, Chandiroor in Aroor Panchayath. Pramod and Nisha
are having two children aged four years and six months
respectively. Pramod was in the habit of frequently
consuming alcohol and was not regular in going for his job
as an electrician. There were financial problems in the
family.
4. Pramod who was a drunkard was in the habit of
picking up frequent quarrels with his wife due to the financial
problems. Impelled by some unknown stimulus, (presumably
out of frustration) sometime between 4.30 and 5.30 p.m. on
20-10-2009 Pramod committed suicide by hanging at
Vattathara House in Chandiroor using a nylon rope .
5. The factum of death of Pramod was reported to
the Aroor Police by one Antony, a neighbour of Pramod and
W.P. ( C ) No. 18084 of 2010- :3:-
Nisha at 6.30 p.m. on 20-10-2009. The Sub Inspector of
Police, Aroor registered a case as Crime No. 532 of 2009
under the caption “unnatural death” under Sec. 174 Cr.P.C.
Inquest over the dead body of Pramod was conducted by the
Sub Inspector from Vattathara House at 8.30 a.m. on 21-10-
2009. At the time of inquest the Sub Inspector had questioned
Prasanna, (the petitioner) who is the mother of Pramod.
Nisha, the wife of Pramod was also questioned. Both of them
had told the police that Pramod who had taken to drinking
used to frequently pick up quarrels and that it was a case of
suicide and both of them had no suspicion behind the death of
Pramod.
6. Autopsy over the dead body of Pramod was
conducted by Dr. K.K. Damodaran, Civil Surgeon, Community
Health Centre, Thuravoor at 10.55 a.m. on 21-10-2009.
Ext.P3 postmortem certificate together with the statement of
the said doctor under Sec. 161 Cr.P.C. given to the
Investigating Officer show that the postmortem appearances
were consistent with death by asphyxia due to hanging and
W.P. ( C ) No. 18084 of 2010- :4:-
there were no other antemortem injuries except the ligature
mark in the neck of Pramod to suggest that the death of
Pramod could be due to homicidal hanging.
7. After the death of Pramod the petitioner was not
rendering any help or succor to Nisha, the daughter-in-law
of the petitioner. Some enmity had developed between the
petitioner and Nisha and this was the reason for the
petitioner subsequently coming out with a case that her son
was murdered and was thereafter hanged to make it appear
that he had committed suicide.
8. The stand now taken by the petitioner is the
product of an ill-motivated afterthought. The investigation of
the case appears to have been conducted properly and there is
nothing to indicate that death of Pramod was homicidal . The
Sub Inspector who conducted the investigation has submitted
the final report on 31-10-2009 before the Magistrate
concerned to the effect that there is nothing to suspect the
commission of any offence behind the unnatural death of
Pramod who was actually committing suicide out of
W.P. ( C ) No. 18084 of 2010- :5:-
frustration in life. I do not find any good ground to order a
further investigation in the matter. This Writ Petition is
accordingly, dismissed.
Dated this the 16th day of July, 2010.
Sd/-V. RAMKUMAR, JUDGE.
/true copy/
P.S. to Judge