IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 9053 of 2010(Q) -------------------------------- PETITIONER(S): ------------------- JSEEY PUTHUPALLY, W/O.LATE TOMY, AGED 35 YEARS, AARALAM AMSOM, EDOOR, KANNUR DISTRICT. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): --------------------- 1. SUB INSPECTOR OF POLICE, IRITTY POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, IRITTY. 3. THE SUPERINTENDENT OF POLICE, KANNUR. 4. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP.BY ADDITIONAL CHIEF SECRETARY, (HOME), HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. THE SUPERINTENDENT, CBCID, KANNUR. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs THOMAS P. JOSEPH, J. ........................................... W.P.(C).NO.9053 OF 2010 ............................................. Dated this the 1st day of March, 2011. JUDGMENT Petitioner's husband - Tomy died on 12.1.2009 according to the petitioner, in suspicious circumstances and his body was traced from Palathumkadavu river. The Professor of Forensic Medicine and Police Surgeon conducted the postmortem examination on the body of the deceased on 13.1.2009 and found a lacerated wound, 3x0.5 c.m, oblique, on the back of head in the midline just above occiput (muscle deep), but the skull and brain were intact. The medical officer opined that death was due to drowning. The Iritty police registered Crime No.22/2009 under Section 174 of the Code of Criminal Procedure. The Sub Inspector of that station conducted investigation. According to the petitioner investigation has not proceeded in the correct line and it is incorrect to say that husband who was a good swimmer died of drowning. 2. It is the case of the petitioner that at the place of the alleged drowning there was no sufficient water for : 2 : W.P.(C).NO.9053 OF 2010 anybody to get drowned, not to say about a good swimmer. It is also complained that though the police reached a conclusion that the deceased along with ten others had gone for catching fish and in the course of catching fish they had consumed liquor and in the course of their catching fish deceased accidentally fell into the river, his associates took him ashore and while carrying the deceased, the latter fell down and suffered injury on the head, real fact is that none of the associates of the deceased had engaged themselves in saving the deceased from drowning but they went away from the scene of occurrence. One George and Roy took the deceased from the water. That itself gave suspicion regarding involvement of associates of the deceased. It is the version of petitioner that the deceased had some financial transaction with some of the persons who were with him at the time of the incident, and some of them assaulted him on the head. Under the impression that the deceased succumbed to the injury, they threw the body into the water where he drowned. It is requested that investigation may be entrusted : 3 : W.P.(C).NO.9053 OF 2010 to the 6th respondent, Superintendent, CBCID, Kannur. 3. The Sub inspector, Iritty has filed a statement as directed by this Court explaining the investigation so far conducted and his conclusion. In para 3 it is stated that on 12.1.2009 the deceased along with some of his friends had gone to the river to catch fish. They had consumed liquor during the time of fishing. In the course of fishing, the deceased accidentally fell into the river. His friends took him ashore and while the deceased was being brought to the road, he slipped from their hands, fell down and sustained a simple injury on the back side of the head. The Investigating Officer stated that he had questioned the Medical Officer who conducted postmortem examination and confirmed cause of death as by drowning. 4. I have heard learned counsel for the petitioner and learned Public Prosecutor. I have also gone through the relevant CD file concerning the investigation conducted so far. Though petitioner has a contention that it was George : 4 : W.P.(C).NO.9053 OF 2010 and Roy who took the deceased from water, it appeared that no information was given to the Investigating Officer by the petitioner or anybody else in that line. Page 25 of the file contains the statement of one Binoy which does not indicate any assault on the deceased as claimed by petitioner. 5. I have also gone through the statement of the Medical Officer, who conducted postmortem examination. He has stated that the injury on the head (referred supra) would have been caused either before death or within two hours of the time of death. He has confirmed that death was due to drowning. Though petitioner has a case that there was no sufficient water in the river at the point where deceased and others were engaged in fishing, learned Public Prosecutor has read from the mahazer for scene of occurrence that the river was full of water. 6. Petitioner has a contention that George and Roy who (allegedly) took the deceased out of water were not : 5 : W.P.(C).NO.9053 OF 2010 questioned. The statement of the Medical Officer referred to above is not clear as to whether the injury on the head could be caused by falling on hard surface while the deceased was being carried to the road as stated by the investigating officer. The Medical Officer had to be questioned with regard to that as well. The complaint of the petitioner that George and Roy who are aware of the facts of the case are not questioned is also required to be addressed. 7. Having regard to these aspects, I am inclined to think that further investigation of the case could be conducted by HHW, Kozhikode unit. Investigation shall be conducted by an officer of that unit senior in rank to the officer now investigating the case. 8. Resultantly, this petition is allowed in the following lines: i. Additional Director General of Police (Crimes), Trivandrum is directed to issue orders transferring : 6 : W.P.(C).NO.9053 OF 2010 investigation of Crime No.22/2009 of Iritty Police station to HHW, Kozhikkode unit within two weeks from the date of receipt of a copy of this judgment which shall be made available by the petitioner. ii. The investigation once entrusted to that wing shall be conducted by an officer of that wing senior in rank to the officer now investigating the case. iii. It is open to such officer to form a team of officials for the purpose of investigation. The Investigating Officer shall look into the complaint of the petitioner that George and Roy, who are allegedly aware of the facts of the case, were not questioned by the Sub Inspector, who investigated the case. SD/= THOMAS P. JOSEPH, JUDGE. cl /TRUE COPY/ P.A. TO JUDGE.