High Court Kerala High Court

Retnamma vs State Of Kerala on 27 October, 2010

Kerala High Court
Retnamma vs State Of Kerala on 27 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18911 of 2008(B)


1. RETNAMMA, VILAYILVEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE HOME
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. INSPECTOR GENERAL OF POLICE,

                For Petitioner  :SRI.RAJESH VIJAYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :27/10/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.

            ---------------------------------------------
             W.P.C.NO.18911 OF 2008
            ---------------------------------------------
            Dated         27th    October, 2010


                           O R D E R

Petitioner, the mother of Shaji,

whose body was found hanging on the upstair of

the house, being constructed by him, on

6/7/2006, filed this petition under Article

226 of Constitution of India, for a direction

to respondents 1 and 2 to appoint a Senior

Police Officer to investigate Crime

No.411/2006 of Varkala Police Station

registered under the caption “man missing” and

subsequently converted under Section 174 of

Code of Criminal Procedure. Deceased Shaji was

working in Gulf. He married Lyna and was

staying with her and the father-in-law and

mother-in-law and their children, since his

return from Gulf 1= years prior to the date

Wpc 18911/08
2

of his missing. Sunil, bother-in-law of the

deceased Shaji came to the house of the

petitioner on 3/7/2006 and informed that Shaji

was missing five days earlier to 3/7/2006.

Petitioner went to Varkala Police Station and

furnished the information of missing of Shaji

based on which Crime No.411/2006 was registered

under the caption man missing. On 6/7/2006

body was found hanging in decomposed stage in

the upstair portion of the building, which

was being constructed by Shaji. Petition is

filed alleging that there was no proper

investigation and though father-in-law and

brother-in-law of Shaji had sustained injuries,

suspected to be caused in the incident which

led to the death of Shaji, no proper

investigation was conducted. It was also

contended that wife of Shaji had illicit

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relationship with one Sathishan, while Shaji

was in Gulf and on his return, on getting

information which was not originally believed

by Shaji, he used to quarrel with the wife.

Petitioner would contend that it was disclosed

to her that some times prior to the date of

missing there was quarrel between father-in-law

and the wife of Shaji with him and something

occurred and Matador Tempo Van owned by Shaji

was taken by Sathishan and it is suspected that

body was shifted. It is also contended that

postmortem certificate shows the contusion of

8x4x0.3 c.m on the right of front of chest 7 cm

to the right of midline and 4 c.m above costal

margin, which shows that death was not due to

hanging. It is also contended that close

relatives of the wife of Shaji are

influential and closed to leaders of the

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community and it is in such circumstances, no

proper investigation is being conducted. It is

therefore contended that, a direction is to be

issued to conduct proper investigation by a

Senior Police Officer.

2. Though there was a direction to file

a statement, two years back no statement was

filed by the respondents.

3. Learned Government Pleader made

available the case diary. On going through the

case diary, I find that proper investigation

was not conducted. There are several suspicious

circumstances, which warrants a proper

investigation. Though Shaji was living along

with the wife and in-laws and it was alleged

that Shaji was missing five days prior to

3/7/2006, factum of missing was not reported

to the police, either by the wife or the

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in-laws. The fact was not even informed to the

mother or other relatives of Shaji. First

statement recorded from the wife and father-in-

law and brother-in-law show that as stated by

the petitioner, petitioner was informed aboubt

the missing only on 3/7/2006 by Sunil, brother-

in-law of Shaji. Statement recorded shows that

according to the wife and in-laws, on the

previous night of date of missing, there was an

attempt by Shaji to hang himself, after getting

the wife hanged and as wife was not willing to

join the husband, the fact was informed to the

father-in-law. Statement shows that the

deceased had allegedly tied rope, which was

being used for the well on a fan. It was there,

even in the morning. If that be the case, in

the normal human conduct, if the husband is

missing from the morning of the very next day,

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the wife and in-laws would definitely doubt

whether he committed suicide as there was an

attempt earlier. In that case, one would

expect them to inform the relatives of the

husband of Shaji or to make a thorough search

or at least inform the police. But that was not

done, what was admittedly done.

4. Though due to decomposed stage of

the body, external injuries could not be found

out by Dr.Rema who conducted the autopsy,

postmortem certificate reveals that there was a

contusion of 8x4x0.3 c.m on the right side of

front of chest 7 c.m to right of midline and 4

cm above costal margin. How this injury was

sustained and whether it is possible, in the

case of a suicide by hanging, was not properly

considered by the Investigating Officer. It is

also seen from the case diary that by the time

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body of Shaji was found in the decomposed

stage, there were injuries on the body of both

the father-in-law and brother-in-law. Though

explanation was offered by the brother-in-law,

that he had fallen while sitting on a stool

and sustained injury and treatment record was

also procured, it is clear that considering

the nature of the incident and conduct of the

relatives, a proper investigation should have

been carried out. In such circumstances, it is

absolutely necessary to direct a proper

investigation, irrespective of the finding

arrived at by the Investigating Officer, based

on the registration of the case under Section

174 of Code of Criminal Procedure.

Writ petition is allowed. Second

respondent Director General of Police,

Thiruvananthapuram is directed to entrust

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investigation of Crime No.411 of 2006 of

Varakala Police Station to the CBCID with a

direction that it shall be properly

investigated by a superior police officer not

below the rank of Deputy Superintendent of

Police. All efforts should be made to find out

the truth and complete the investigation

expeditiously and file a final report before

the concerned Magistrate. Investigating

Officer is directed to file report before Sub

Divisional Magistrate to send the records to

the concerned Magistrate including the FIR.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.