IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 10361 of 2006(H) -------------------------- PETITIONERS: --------------- 1. M.VELUKUTTY, PRAVEEN NIVAS, KOKUZHI, MANJANKODE P.O., VYTHIRI TALUK, WYNAD. 2. K.VANAJA, MARAKKATTUPURATH, KOKUZHI, MANJANKODE P.O., VYTHIRI TALUK, WYNAD. BY ADV. SRI.THOMAS ANTONY SRI.M.P.PRAKASH RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, KALPETTA POLICE STATION, WYNAD DISTRICT. 4. CENTRAL BUREAU OF INVESTIGATION, CBI HEAD QUARTERS, NEW DELHI. R1 TO R3 BY PUBLIC PROSECUTOR, SMT.SMITHA R4 BY SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 10361/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE FIRST INFORMATION REPORT DATED 08.06.05. EXT.P2 : TRUE COPY OF THE INQUEST REPORT. EXT.P3 : TRUE COPY OF THE POSTMORTEM REPORT DATED 08.06.05. EXT.P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 13.06.05. EXT.P5 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 27.06.05. EXT.P6 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 27.07.05. EXT.P7 : TRUE COPY OF THE REPRESENTATION DATED 12.01.06 SUBMITTED BY THE 2ND PETITIONER BEFORE THE DISTRICT COLLECTOR, WYNAD. EXT.P8 : TRUE COPY OF THE MASS PETITION DATED 31.07.05. /TRUE COPY/ PA TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10361 OF 2006 -------------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT The prayer in the Writ Petition is for direction from this Court to refer the unnatural death of the son of the first petitioner, and husband of the second petitioner for investigation by CBI. I have heard counsel appearing for the petitioner and Government Pleader. The case of the petitioner is that deceased was estranged from his wife and was occasionally visiting another lady by name Bindu. One day, deceased was found dead in a quarry which was very close to the house of Bindu. Even though local police investigated, they found that it could be a case of deceased falling from top of quarry and died on account of injuries sustained. Post-mortem reveals several injuries most of which are abrasions, bruises, and deceased also sustained blunt injuries. Petitioner's case is that watchman of the quarry had given a clear statement to the police that on the night previous to the morning when the body of the deceased was found in the quarry, Bindu's son and three other persons were found with weapons by the quarry watcher, and when the watcher questioned them, they did not give any reasonable WPC : 10361/06 2 explanation about their presence at odd hours in the night with weapons. Petitioner doubts the involvement of these persons in the death of the deceased. Counsel for the petitioner specifically contended that inquest report or scene mahazar does not show any blood on the floor where deceased was lying dead. However, Government Pleader pointed out that blood was found oozing from the body at the time of preparing the inquest. If deceased had fallen accidently from top of the quarry to the bottom, height of which is above 19 metres, death would have been caused on account of injuries sustained by such fall. However, in the normal course, large number of blunt injuries and bruises caused on account of fall through sharp edges of rock would have led to massive bleeding and in fact blood stains should have been noted at least in the lower levels of rock formation and in any case substantial quantity of blood would have been on the floor where the dead body was found. In the normal course local police would have taken photograph of the deceased which itself would indicate whether there was flow of blood from the body to the ground where body was lying. Similarly inquest report and statement of witness to the mahazar would have contained details of blood, if any, WPC : 10361/06 3 found at the scene where dead body was lying. Petitioner also concedes that injuries are anti-mortem but he doubts whether those are caused on account of fall from the top of the quarry or whether they could have been caused by weapons. Counsel submitted that deceased was familiar with the area as he is a frequent visitor to the house of Bindu, and therefore accident is only to be ruled out. If the quarry had a watcher, it is strange that he had not come to know of the incident as and when it happened. In these circumstances, I direct the Superintendent of Police to call for records pertaining to enquiry and verify the photographs and scene mahazar, etc., consider whether reasonably and logically it could be concluded that the death was caused by accident and if not refer the matter for Crime Branch for fresh investigation. Petitioner will produce a copy of this judgment before the Superintendent of Police for compliance. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk WPC : 10361/06 4