IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30056 of 2008(C)
1. T.A.JOSEPH, S/O.AGED 90 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE SUB DIVISIONAL MAGISTRATE,
3. THE DEPUTY SUPERINTENDENT OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JOICE GEORGE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/09/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO. 30056 OF 2008
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Dated 22nd September 2009
JUDGMENT
This petition is filed under Article 226 of
Constitution of India by the father of the deceased
Joseph alias Maya brother, who died in a suspicious
circumstance on the night of 20/7/2006 in his
residence at Vazhikkadavu in Theekoy village of
Kottayam district, for a writ of mandamus directing
respondents 3 and 4, Deputy Superintendent of Police
and Sub Inspector of Police to conduct proper and
effective investigation on Ext.P1 FIR registered under
Section 174 of Code of Criminal Procedure on the
unnatural death.
2. Learned counsel appearing for petitioner
and learned Government Pleader were heard.
3. As directed, the fourth respondent
investigating officer filed a report stating that a
case was registered under Section 174 of Code of
Criminal Procedure based on the statement of Cyril,
elder brother’s son of the deceased and the enquiry
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conducted revealed that the deceased along with one
Sijo and his friends had gone to Vagamon for sight
seeing and thereafter, came to the house of the
deceased and from there, the deceased and the guests
consumed liquor till 1.30 a.m on 20/7/2006 and as
instructed by the deceased, Sijo and the friends
slept on the ground floor and deceased went upstairs
and slept on a table. In the morning, when Sijo went
to the upstairs, the body of the deceased was found
lying on the floor with oozing blood from his nose and
head. Postmortem certificate establish that death was
due to head injury. According to the statement, it is
revealed that deceased was in the habit of
consuming liquor and no suspicious circumstance was
found out.
4. Learned counsel appearing for
petitioner submitted that by a fall from the table
a fatal head injury will not be caused and it is a
suspicious circumstance. It is also argued that fact
that Sijo and friends were staying with the deceased
on that night was not known to the brother’s son of
the deceased, when the statement was given and if a
proper investigation is conducted, truth will come
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out.
5. I find no reason to direct further
investigation as sought for. Apart from raising
suspicion, no material is pointed out as to why Sijo
or friends had to commit a homicide especially, when
there is no case that they were on inimical terms with
the deceased or that they are to gain anything by the
death of the deceased. In such circumstances,
petition is dismissed. Dismissal of the petition will
not affect the right of the petitioner, to file a
private complaint, if he so advised.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.