IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 14165 of 2009(Q) ------------------------------------- PETITIONER(S): ----------------------- AJIKUMAR P.S., S/O.P.G.SATYAVRIDHAN, POOKOTU PEDIKAYIL, PARIYARAM P.O., ELANTHOOR, PATHANAMTHITTA. BY ADVS.MR.A.N.RAJAN BABU MR.P.GOPALAKRISHNAN (MVA) RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR GENERAL OF POLICE KERALA, TRIVANDRUM. 3. DEPUTY SUPERINTENDENT OF POLICE, CB, CID KOTTAYAM. 4. DEPUTY SUPERINTENDENT OF POLICE PATHANAMTHITTA. 5. CIRCULAR INSPECTOR OF POLICE, KOZHENCHERRY. 6. SUB INSPECTOR OF POLICE, ARANMULLA. BY GOVT. PLEADER MR.C.M.KAMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON 03/03/2010 DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 14165 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2010. JUDGMENT In this writ petition under Article 226 of the Constitution of India, the petitioner seeks the following reliefs: “(1) to direct respondents 1 and 2 to constitute a special team to conduct an investigation and entrust with the special team the investigation regarding the death of Jayasri Gurukripa Pookodu Pariyaram in Elanthoor Panchayath in Kozhencherry under the direct supervision of high ranking police official, I.G. of Police.” 2. Coming on to the facts of the case, it is seen that Jayasree, the sister of the petitioner was found dead in the waste room of her house on 9.6.2005. She was staying with her elder daughter and she had a strained relationship with her husband Salim, who was working far away from the residence. Several litigations are pending between them including in the Family Court as well. In fact her husband had sought for a divorce. WPC. 14165/2009. 2 Petitioner says that the cause of death of Jayasree, his sister was due to the merciless ill-treatment by her husband and his parents demanding more dowry and she was driven out of her marital home. Complaint is that the death is characterized as a suicide, which is infact a murder and her husband being an influential man is trying to cover up the incident. Even though it was pointed out to the police that it was a case of murder, they paid little heed to the same and took the stand that it was a case of suicide by consuming poison. According to the petitioner, false statements had been cooked up and some of the witnesses whose statements had been taken at the enquiry revealed that what is recorded in the statements are not what they had stated to the police. The petitioner describes in detail the manner in which the body was found at the time when it was discovered in the waste room of the house where the deceased lived. Based on those details, it is claimed that by no stretch of imagination it could be a case of suicide but it was a case of cold blooded murder. Several photographs WPC. 14165/2009. 3 were also produced showing the position of the body initially found. Expressing discontentment, dissatisfaction and lack of faith in the investigation, the petitioner prays for constitution of a special team to investigate into the case under the supervision of a high officer of the police force. 3. In reply, the Deputy Superintendent of Police, C.B.C.I.D., Kottayam had filed a detailed statement. He claims to have investigated into Crime No. 423/CR/KTM/05 (Aranmula P.S. Crime 218/05 u/s. 498A and 306 IPC) It is pointed out that Jayasree, the sister of the complainant was found dead in her house on 9.6.2005. As per the complaint given by the daughter of the deceased, namely, Vijnani, the crime was registered. After conducting inquest the body was sent for postmortem. Police Surgeon attached to the Medical College Hospital, Kottayam conducted postmortem examination, and enquiry was taken over by the then Dy.S.P., Pathanamthitta. He conducted investigation upto 28.10.2005. Thereafter Sri. Sunil Jacob took over investigation and he investigated till 24.2.2006. The WPC. 14165/2009. 4 subsequent officer, who took charge investigated till 22.5.2006. In the light of the protest made and the complaints received, the Superintendent of Police, CBCID directed Sri.K.R. Kannan, Deputy Superintendent of Police, CB CID, Kottayam take over the investigation. 4. In his investigation, it was revealed that Jayasree had married one Salim, with whom she had fallen in love during her college days and they had two female children, namely, Vijnani and Arya. At the time of marriage Salim was unemployed, while Jayasree was employed in SBT at Pathanamthitta. Later Salim got employment as Manager of Municipal Co-operative Employees' Society and he was residing in a lodge near to his office. Jayasree and her children were living at Ranni and Salim used to visit them occasionally. As per the information received by the investigating officer during investigation, it was revealed that Jayasree was in the habit of picking up quarrels with her in-laws. It is also stated that there is reliable information that on 4.3.1997 while she was staying in her matrimonial WPC. 14165/2009. 5 home she tried to commit suicide. Thereafter, she went to her house and began to reside there. The report says about the incident that took place on 1.12.1998 in the house of Salim, the details of which were not relevant for the present purpose except that a crime was registered in relation to the incident that occurred on that day. A crime was registered in pursuance to the complaint alleging commission of offence punishable under Section 498 A IPC. It is found that the complaint was a false one. The investigating officer says that Salim had moved an application as O.P.520 of 2003. He says that his investigation has revealed that Jayasree was treated for mental disorder at Pushpagiri Medical College, Thiruvalla and Mandiram Hospital Manganam, Kottaym. He had occasion to question the doctors who had attended to Jayasree in the two hospitals. According to those doctors, even though the decease was cured, it could recur at any moment. He had also seized the treatment records from the hospitals. He was also able to lay on his hand a will said to have been executed by WPC. 14165/2009. 6 Jayasree. Her assets were to devolve on her children. The investigating officer found that Jayasree and her husband were residing separately for a long time. They had no connection whatsoever. 5. The investigating officer points out that on the date of the incident, the only person at home was Vijnani, the elder daughter of the deceased. According to her, as usual she closed all the doors and windows at 8.30 p.m. on 8.6.2005 and went to her room on the first floor. She went to sleep thereafter. She woke up the next day at about 8.45 a.m.. She came downstairs and enquired about her mother, she could not find her. She then found that the exit door through the kitchen was open. She then found her mother lying dead in the waste room. The investigating officer also pointed out that he had questioned the doctor, who conducted autopsy on the body of Jayasree. The doctor stated that he had collected samples of internal organs of the deceased and sent it for chemical examination. The doctor then deposed that on getting report of the chemical WPC. 14165/2009. 7 analysis, he has given his final opinion that death was due to consumption of Carbo Furadan. The Investigating officer gives in detail the various steps undertaken by him and the investigation conducted by him. He finally concludes that as per the evidence he could collect, it appears to be a case of suicide. 6. It is true that the colleagues of Jayasree as well as her neighbours say that Jayasree possessed good character, but some say that she was not very social. While some of the neighbours say that she was very friendly, others say that she kept a distance from them. According to some of the neighbours, she was an introvert. But all of them are of the opinion that there is no reason why Jayasree should commit suicide. Her colleagues are also of the same opinion. 7. It is also true that from the photographs produced as well as the various aspects highlighted by the petitioner, the theory of suicide may look unacceptable and doubtful. But during investigation certain embarrassing WPC. 14165/2009. 8 aspects have come to light, which this court feel should not be disclosed in this judgment, for, it may cause irreparable injury to the family. Going by the statement given by the elder daughter of late Jayasree, she is of the opinion that the kitchen exit door, which was seen left open could have been opened only from inside the house. She then goes on to say that only if her father Salim had come, her mother would have opened the door in the night. This statement by the daughter to the investigating officer instigated him to conduct a thorough investigation regarding the movements of Salim on 8.6.2005 and 9.6.2005. He has questioned several witnesses and has found that Salim was at his place of employment and lodge on those two days. Therefore it is revealed that Salim had no role in the incident. Of course the relationship between Salim and Jayasree was extremely bitter and that might have been a cause which provoked Jayasree to commit suicide. 8. From the records, it is seen that the petitioner never used to meet his sister and the neighbours say that WPC. 14165/2009. 9 they had seen him for the first time in the house after the incident had occurred. One has to note that one or two neighbours say that in the night of 8.6.2005 they heard the noise of a car coming to a halt near the house of Jayasree. Some other close neighbours say that they heard no such sound. It could thus be seen that there are divergent opinions regarding almost all aspects in the case. While some say that Jayasree was very friendly and generous, others say she was very unfriendly. 9. However, one fact is very clear that Jayasree had suffered from mental depression and she had undertaken treatment for mental illness. The investigating officer has also found that on one occasion she tried to commit suicide. 10. It is seen that the investigating officer has questioned nearly 90 witnesses and has gone through volumes of documents. It appears that he has conducted a sincere investigation and he has ruled out the role of Salim, the husband of Jayasree in the incident. He has found WPC. 14165/2009. 10 certain embarrassing aspects, which as already stated is not proper to be revealed in this judgment. That embarrassing aspects might have been a cause for the incident. Whatever that be, the claim of the petitioner that the police have not investigated into the matter properly does not appear to be correct. One cannot omit to note that the investigation was taken over by the CBCID and the investigating officer thereafter has conducted a detailed investigation. 11. It is significant to notice that the investigating officer has questioned the doctor, who conducted the autopsy. He has brought to the notice of the doctor suspicion about the lie of the body and various other aspects highlighted by the petitioner in his complaint. The Forensic surgeon has stated that all this could be possible in a case of suicide of that nature and those features are not impossible. All that one could say was that the investigating officer could have obtained a second opinion. But if he thought that the entire statement given by the Forensic Surgeon is sufficient, he could not be found fault with. Of course doubts still WPC. 14165/2009. 11 remain if one views the photographs and the details available from the records regarding the lie of the body at the time of the so called commission of suicide. Whatever that be, there are no grounds made out to suspect the conclusion drawn by the investigating officer and it is therefore felt unnecessary to constitute a special team and further investigate into the matter. However, it will be open to the petitioner to take steps as are available to him under law. With this observation this writ petition is closed. P. BHAVADASAN, JUDGE sb.