IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 30056 of 2008(C) -------------------------------------- F.I.R. NO.269/2006 OF ERATTUPETTA POLICE STATION ....................... PETITIONER(S): --------------------- T.A. JOSEPH, AGED 90 YEARS, S/O.AUGUSTHY, RESIDING AT THUNDATHIL KAYYALAKKAKATHU HOUSE, (KIZHAKKENAKATHU), VELLILAPPILLY KARA, RAMAPURAM, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. MR.JOICE GEORGE RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB DIVISIONAL MAGISTRATE, PALA, OFFICE OF THE REVENUE, DIVISIONAL OFFICE, PALA, KOTTAYAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PALA. 4. THE SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, ERATTUPETTA, KOTTAYAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30056/2008-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR NO.269/2006 DATED 20/07/2006 OF THE ERATTUPETTA POLICE STATION. EXT.P2: COPY OF THE INQUEST REPORT DATED 20/07/2006 IN CRIME NO.269/2006. EXT.P3: COPY OF THE POSTMORTEM CERTIFICATE DATED 21/07/2006 ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM. EXT.P4: COPY OF THE FINAL REPORT DATED 10/08/2006 SUBMITTED BY THE POLICE AUTHORITIES BEFORE THE 2ND RESPONDENT SUB DIVISIONAL MAGISTRATE. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 30056 OF 2008 ------------------------------------------ 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 WPC 30056/08 2 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 WPC 30056/08 3 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.