IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 28241 of 2010(Q) --------------------------------- PETITIONER(S): ------------------- SAJEEV MATHEW, KADAPLACKKAL HOUSE, THEEKOY VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.SHAJI THOMAS PORKKATTIL SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): --------------------- 1. THE SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 010. 3. SUPERINTENDENT OF POLICE, KOTTAYAM-686 001. R1 TO 3 BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.28241 of 2010 --------------------------------------- Dated this 08th day of March, 2011 ORDER This petition is filed by the brother of the deceased Santhosh, aggrieved by the (alleged) ineffective and half-hearted investigation conducted by the State Police regarding the unnatural death of the deceased. The deceased was found hanging from the branch of a rubber tree in a rubber plantation with several injuries on his body and heavy bleeding therefrom. The police registered a case under Sec.174 of the Code of Criminal Procedure (for short, "the Code”) and a report was given to the Sub Divisional Magistrate concerned. The people of the locality formed an Action Council as they had their own suspicion about cause of death and the matter was raised in the floor of the State Legislative Assembly as well. The Dy.S.P, Crime Detachment, Kottayam continued the investigation. According to the petitioner, investigation has not proceeded in the correct line and investigating agency was not able to give proper explanation for certain suspicious circumstances. In the circumstance, it is requested that investigation may be handed over to the Central Bureau of Investigation (for short, "the CBI”) or in the alternative W.P(C).No.28241 of 2010 -: 2 :- ensure investigation by the investigating agency namely, Crime Branch under the supervision of an officer not below the rank of Inspector General of Police. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned counsel submitted that certain suspicious circumstances remain unanswered even now and in the circumstance it is necessary that the investigation is handed over to the CBI. Learned Public Prosecutor has submitted that the investigation has proceeded in the correct line and that alternating Sec.174 of the Code a report has been filed against 5 accused for offences punishable under Sec. 143, 147, 148, 149, 306 and 308 of the Indian Penal Code. All the accused were arrested and they got released on bail. 2. I have gone through the CD file as also statement filed by the Dy.S.P, Crime Detachment, Kottayam who is presently investigating the case. In that statement he has stated that initial investigation was conducted by the Circle Inspector, Erattupetta and later he took over investigation of the case. The result of investigation disclosed that on the day of incident the deceased Santhosh reached Teakoy, came to a tea shop at about 12.50a.m and was waiting for a vehicle to go to Vellikulam. At that time 5 accused persons came there in a jeep. They were natives of W.P(C).No.28241 of 2010 -: 3 :- Vellikulam, Mavady, Teekoy etc. The deceased travelled in their jeep at his request in order to go to Vellikulam. On the way they reached Mavady. Near the house of the second accused all of them had some food. While so a quarrel ensued among them and both sides used black stones. In that incident the deceased and accused Nos.1 and 2 sustained injuries. Deceased ran away from the spot. Accused 1 to 5 searched the place but they could not find the deceased. On the morning of 30.01.2010 the deceased was found hanging on a rubber tree by a neighbour. She cried and the neighbours reached there and the dead body was identified as that of the deceased. The Dy.S.P in his statement states that investigation revealed that the deceased committed suicide and in the quarrel referred above accused Nos.1 to 5 in their attempt to cause death of the deceased inflicted injuries on him. 3. I have gone through the CD file and the relevant documents. The Asst. Professor and Dy. Police Surgeon, Forensic Dept., MCH, Kottayam who conducted the postmortem opined that postmortem findings are consistent with death due to hanging and he reserved an additional report to be given on receipt of report of chemical examination. W.P(C).No.28241 of 2010 -: 4 :- 4. I also gone through the statement of the doctor who conducted postmortem examination recorded by the investigating officer where he has stated his opinion as to cause of death as hanging and that postmortem findings are consistent with death due to hanging. According to him, occurrence may have happened between 3 a.m and 9.30 on 30.01.2010. 5. The investigating officer has also referred to the scientific test conducted at the scene of occurrence. It is seen from the CD file that fibre was collected using cellophane tape from both hands and legs of the deceased and the rubber tree on which he was found hanging. That was subjected to chemical examination. In the report, it is stated that cellophane tapes were examined under microscopes and bark cells and tissues, tissues of bryophytes, algae, tissues of lichens etc were traced. The opinion given is that the materials traced from the cellophane tapes taken from the hands, legs and tree were similar. That indicated that the deceased himself had climbed the rubber tree on which he was found hanging. If that be so, contention that the deceased was murdered and the body was hanged on the rubber tree is prima facie not acceptable. W.P(C).No.28241 of 2010 -: 5 :- 6. So far as offence punishable under Sec.306 of the IPC is concerned, the reason for incorporating the section according to the learned Public Prosecutor is that while the deceased and accused 1 to 5 were engaged in the scuffle, a car came along the way and seeing the light of the car all of them ran away from the scene. The driver reported the incident at the nearby check post. Investigation revealed that the deceased concealed himself and under the impression that if traced, accused might kill him, he committed suicide and hence offence punishable under Sec.306 of the IPC is also incorporated in the first information report. 7. Learned counsel for petitioner has raised a few circumstances which according to him are suspicious and which has not so far been explained. According to the learned counsel it is not ascertained why the deceased had travelled in the jeep in which accused Nos.1 to 5 were travelling and secondly, it is not explained for what reason the quarrel ensued between them. 8. So far as first circumstance is concerned it is revealed from the report of the investigating officer that at the time the deceased was waiting to go to Vellikulam near a tea shop, came accused Nos.1 to 5 in a jeep, they also belonged to Vellikulam and nearby places and as requested by the deceased, he was W.P(C).No.28241 of 2010 -: 6 :- permitted to travel in the jeep. So far as the reason for quarrel is concerned what I could gather from the statement of investigating officer is that at the place of incident all of them had some food and while so there was a quarrel. Reason for the quarrel could be given only by the deceased and the accused persons, no other person having witnessed the quarrel. On going through the CD file and result of scientific examination I am not inclined to think that further investigation by a different agency is required. This petition fails. It is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-