IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 7730 of 2010(Q) --------------------------------------- PETITIONER(S): ------------------------ 1. VISHWAMBARAN, DEVAKI BHAVAN, PRAYAAR VADAKU, DEVIKULANGARA, ALEPPEY DISTRICT. 2. SARASAMMA, W/O. VISHWAMBARAN, DEVAKI BHAVAN, DEVIKULANGARA, PRAYAAR VADAKU, ALEPPEY DISTRICT. BY ADVS. SRI.A.N.RAJAN BABU, SRI.P.GOPALAKRISHNAN (MVA), SRI.A.R.EASWAR LAL. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY. 4. CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY. R1 TO R4 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.7730 of 2010 -------------------------------------- Dated this the 4th day of April, 2011. JUDGMENT Petitioners are parents of the ill-fated lady, Vidhya who had a tragic death on 04.09.2009. She was married to one Santhosh Kumar on 30.08.2009. Petitioners say that relatives of Santhosh Kumar were not happy with the marriage since petitioners and the deceased belonged to a poor family. But, ultimately relatives of Santhosh Kumar also agreed for the marriage. Two days after the marriage petitioners contacted their daughter at the matrimonial home and they were told by a relative of Santhosh Kumar that petitioners' daughter is admitted in the Taluk Head Quarters Hospital, Kayamkulam. Petitioners went there and found their daughter in a sinking condition. From there, she was removed to the Medical College Hospital, Alappuzha and admitted in the ICU. It is the complaint of petitioners that Santhosh Kumar after admitting the deceased in the Medical College Hospital left the place. The next day she died. As insisted by petitioners and others a postmortem examination was conducted. Ext.P1 is the report of such examination where it is stated that death was due to blunt injury to the abdomen. Petitioners complain that there is no fruitful investigation conducted by the Investigating Agency. Hence it is prayed that respondents 1 and 2 may be directed to constitute a special investigation team to WP(C) No.7730/2010 2 investigate the cause of death of Vidhya or in the alternative, direct respondents to entrust investigation to the Crime Branch. Learned counsel requested that having regard to the circumstances reliefs prayed for may be granted. 2. Learned Public Prosecutor has invited my attention to the statement filed by the then Deputy Superintendent of Police, Karunagappally who was investigating the case (statement is dated June 23, 2010). In that statement it is stated that on the information given by one Biju Kumar, a case was registered as Crime No.906 of 2009 by the Karunagappally Police under Section 174 of the Code of Criminal Procedure (for short, “the Code”). It is stated that even on the evening of the day of marriage the deceased developed some discomfort and she was taken to Sudha Hospital, Karunagappally by Santhosh Kumar, his mother and sister. Vidhya was given medical aid and sent back to the matrimonial home. The next day she was brought to Kripa Hospital, Kayamkulam where she was a patient for treatment of chronic diabetis for about seven years. On 01.09.2009 she was taken to the Taluk Hospital, Karunagappally and from there, she was taken to Kripa Hospital, Kayamkulam. Since the doctor was not available, she was taken to the Taluk Hospital, Kayamkulam and from there, she was referred to Medical College Hospital, Alappuzha. It is stated that material objects were recovered at the time of inquest and the same were produced before the Sub Divisional Magistrate, Kollam. The Deputy Superintendent of Police took over investigation on 06.09.2009 and questioned witnesses including doctors who had treated the WP(C) No.7730/2010 3 victim and the doctor who conducted postmortem. In paragraph 4 of the statement it is stated that postmortem examination disclosed that death was due to the blunt injury sustained to abdomen. Due to the blunt injury there occurred a lacerated wound on the liver. It is stated that investigation did not reveal any clear and doubtless answer as to the cause of death. Hence polygraph test of Santhosh Kumar, his mother, brother and sister was conducted. Result of that test is awaited (as on the date of filing of the statement). It is also stated that investigation revealed that the deceased was taking several tablets from 26.08.2009 for various reasons and that the Investigating Officer has got expert opinion that use of such medicines sometime causes hemorrhage in the internal organs including brain but it depends upon physical condition of the person who consumed medicine. It is stated that further expert opinion is being obtained. 3. Learned Public Prosecutor has submitted that the Deputy Superintendent of Police, Karunagappally who was investigating the case has been shifted to some other place and a new incumbent has assumed the office. The new incumbent is going through the file and investigating the case. It is submitted by the learned Public Prosecutor that the Deputy Superintendent of Police who is presently looking into the matter is efficient, will thoroughly investigate the case with all earnestness and take all efforts to find out the cause of death. 4. Since new officer has taken charge only recently and is investigating the matter further and in the light of submission made by the WP(C) No.7730/2010 4 learned Public Prosecutor, it is not appropriate to handover the investigation to another agency at this stage. The Deputy Superintendent of Police who has taken charge of the investigation shall investigate the case and make all efforts to find out the cause of death. If necessary it is open to him to constitute a team of officers for investigation of the case. Resultantly this petition is disposed of with the above observations. I make it clear that if at any latter stage it is found necessary it is open to the petitioners to approach the appropriate forum with appropriate reliefs in the matter of proper investigation of the case. THOMAS P.JOSEPH, Judge. cks