IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 8610 of 2009(Q) ---------------------------------------- PETITIONER(S): ------------------------ S.MARY, W/O.LATE SABARI MUTHU, WARD NO.10, 3-1, CSI CHURCH STREET, C-PUTHUPETTY P.O, 625 556, THENI DISTRICT, TAMIL NADU. BY ADV.MR.M.N.MATHEW RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT, KOTTAYAM 686 501. 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALAI 686 575, KOTTAYAM DISTRICT. 4. SUNIL K. MATHEW, S/O.KOCHUKUNJU MATHAI, PROPRIETOR OF 'BORE WELL POINT', BUDHA KRUPA HOUSE, NEAR GOVT.COLEGE, NATTAKOM P.O. 686 013, KOTTAYAM DISTRICT. 5. CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY SUPERINTENDENT OF POLICE, S.P.(E), C.B.I., KATHRIKADAVU, KOCHI- 682 020, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR MR. GIKKU JACOB R5 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 8610 OF 2009 =========================== Dated this the 22nd day of May,2009 JUDGMENT Petitioner the wife of Sabari Muthu who died on 25.4.2008 is the petitioner. Sabari Muthu as seen from Ext.P4 certificate was admitted in Little Lourdes Mission Hospital, Kidangoor at 7.20 p.m on 25.4.2008 in an unconscious stage. The history disclosed to the doctor was fall after feeling dizzy while doing heavy work on a borewell. He died at 7.30 p.m at the same day. Ext.P3 postmortem certificate shows the cause of death as “due to acute occlusive coronary artery disease.” This petition is filed under Article 226 of the Constitution of India for a writ of mandamus or direction to reinvestigate the case by the Central Bureau of Investigation contending that Police has not properly investigated the case. W.P.(C) 8610/2009 2 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel appearing for petitioner pointed out that as per Ext.P1 the First Information Statement furnished by the employer of the deceased, deceased was standing till 9 p.m on 25.4.2008 and he fell down and was taken to the hospital and died later from hospital and Ext.P4 shows that deceased was brought to the casuality at 7.20 p.m itself and therefore the allegation in Ext.P1 that he was standing till 9 p.m cannot be true. Learned counsel also pointed out that Ext.P2 the report prepared by the Sub Inspector of Police after examining the body of the deceased from the mortury of Medical College Hospital shows that there was an injury on the back side of the head of the deceased. Relying on Ext.P7 and P8 photographs learned counsel argued that the said injury was not even mentioned in Ext.P3 postmortem certificate and therefore it is clear that no proper postmortem W.P.(C) 8610/2009 3 examination was conducted and hence relying on Ext.P3 postmortem certificate it cannot be conclusively held that death was due to natural heart attack. It is therefore submitted that a proper investigation is to be conducted by the Dy.S.P. 4. Learned Public Prosecutor pointed out that Ext.P3 post mortem certificate prepared by the Associate Professor of Forensic Medicine, Medical College, Kottayam conclusively show that death was due to accute occlussive coronary disease, a natural heart attack and there was no internal injury to the brain and in such circumstance, there is no reason for a further investigation. 5. On hearing the learned counsel and going through the materials made available, I find no reason to direct any further investigation by the Central Bureau of Investigation as sought for by the petitioner. If the petitioner is aggrieved by the final report, petitioner is at liberty to file W.P.(C) 8610/2009 4 a complaint under section 200 of the Code of Criminal Procedure. Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006