Thereafter, the deceased walked out of the house that he would commithttp://www.judis.nic.in 5 suicide and on the next day, his body was found on the railway track.This writ petition has been filed by the petitioner seeking a Writ of Mandamus directing the third respondent to transfer the case in Crime No.389 of 2012 from the file of the fifth respondent to fourth respondent [CBCID].The petitioner before this Court is the father of one S.Arjun Raj, who was found dead on 21.06.2012, at Perumalpuram KM 302/700-800 Railway Track between Nagercoil and Aralvaimozhi Railway Station railway track.Based on the information given by Railway Gangman, namely, Mani, the Sub-Inspector of Police, Railway Police Station, Nagercoil conducted spot enquiry and thereafter, lodged a complaint before the fifth respondent stating that the deceased appears to be brutally murdered by unknown persons.She has alsohttp://www.judis.nic.in 3 noted down cut and stab injuries on the body of the deceased.Alleging that the fifth respondent is not conducting the enquiry in a proper manner and is attempting to close the case as suicide, the petitioner has filed this petition for transfer of investigation.The learned Additional Public Prosecutor, on instructions, submitted that based on the complaint lodged by the Sub-Inspector of Police, Railway Police Station, Nagercoil, a case was registered in Crime No.389 of 2012 for the offence punishable under Section 302 IPC.The deceased was studying B.E., ECE Department, IV year, at the relevant point of time and was staying in a rental house, along with his friends, namely, Nikhil, Kiran, Arun, Dominic, Anup, Seriyan, Thomas and Thibin at Murugan Koil Street, Subramaniapuram, belonging to one Nainaar.On the night of 20.06.2012, they had liquor and there was a wordy quarrel among themselves, due to which, the neighbours shouted that they would call the police.Thereafter, the deceased left the house stating that he is going to commit suicide and on the next day, he committed suicide by falling over the railway line.The investigation reveals that the deceased, because of the playful pranks among the friends, committed suicide.The postmortem report sails with the same and therefore, the prosecution has altered the Section from 302 IPC to 174 Cr.P.C., and filedhttp://www.judis.nic.in 4 the final report before the Executive Magistrate under Section 174 of the Criminal Procedure Code.4. Heard the learned Counsel appearing on either side and perused the documents placed on record.The Sub-Inspector of Police, Railway Police Station, Nagercoil, who lodged the complaint and who conducted the spot enquiry, has noted several cut and stab injuries on the body of the deceased and further stated that the deceased appears to be brutally murdered.But, the Doctor, who conducted the Autopsy, has noted down 20 injuries, of which, most of them are of laceration and abrasion.The Doctor has further gave his final opinion that the deceased appears to have died of head injury and according to the prosecution, the injuries found on the body of the deceased are due to the contact with the railway engine.As per the version of the prosecution, the deceased and his roommates, who were in the final year of their college studies, had alcohol on 20.06.2012 and there was a petty wordy quarrel among themselves.Due to the noise raised by them, the neighbours shouted that they would call the police.

Cited provisions: Section 302 in The Indian Penal Code