IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 22460 of 2003(W) ---------------------------------------- CRIME NO.772/2002 OF VALAPATTANAM POLICE STATION. ...................... PETITIONER(S): ------------------------ UMA M., W/O. LATE PULLEN VIJAYAN, PULLEN HOUSE, AZHIKKAL, KANNUR. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY INSPECTOR GENERAL OF POLICE, NORTHERN REGION, KOZHIKODE. 3. DISTRICT SUPERINTENDENT OF POLICE, KANNUR. 4. SUB INSPECTOR OF POLICE, VALAPATTANAM. R1 TO R4 BY GOVT. PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.22460 OF 2003 --------------------------------------------- Dated 25th November, 2010 JUDGMENT Petitioner, the widow of deceased Vijayan filed this petition under Article 226 of Constitution of India for a writ of mandamus commanding respondents 1 to 4 to order fresh investigation or investigation by an independent investigating agency without any kind of intervention of the local police and a further writ of mandamus directing respondents 2 and 3 to exhume the body and subject the same for medical examination by conducting another postmortem. 2. Body of Vijayan was found in a well, which according to the petitioner was 2 k.m away from their residential house. The deceased was having two children, in the petitioner. It is alleged that deceased Wpc 22460/03 2 Vijayan was having an illicit affair with W/o.Prasannan and dead body was found near to that house. It is claimed that Vijayan had no reason to commit suicide and he is not a drunkard or of quarrelsome nature and is a man of good conduct and though crime No.772/2002 was registered by Valapattanam police, there was no proper investigation and in spite of Ext.P6 representation made by the petitioner or Exts.P7 and P8 representations made by Bharathiya Pattika Jana Samajam, for proper investigation, investigation was not conducted. Petitioner would contend that police is shielding real culprits and therefore, proper investigation is to be conducted and finding in the postmortem certificate that death is due to drowning is not correct ans Vijayan knows swimming. 2. Additional Sub Inspector, Valapattanam who conducted investigation, Wpc 22460/03 3 filed a statement. The statement discloses that postmortem certificate reveals that death was due to drowning and ante mortem injuries found on the body were properly explained and investigation reveals that it was not a case of homicide and the deceased could have accidentally fell in the well, which is not having any parapat and died due to drowning and therefore, there is no reason to order further investigation. 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. Case diary was made available by the learned Government Pleader and it was perused. 4. Case diary reveals that when the statement of the petitioner was recorded, it was stated by her that deceased had gone from their residential house at about 6.30 p.m on 23/11/2002 stating that he will return after going towards the road. Vijayan did not return Wpc 22460/03 4 on that night. Petitioner made enquiries in the house of friends of Vijayan on the next day. They could not give any specific information. Later, at about 10 a.m body of Vijayan was found in a well far away from his house. After inquest, body was sent for autopsy. Ext.P5 postmortem report prepared by Dr.Sujity Sreenivas, Lecturer, Department of Forensic Medicine, Pariyaram shows that there was only a laceration 0.5 x 0.5 c.m on the right side of face, close to the outer angle of eye and lungs were congested and oedematous and air passages contained blood stained froth. It also shows that right and left chest cavities contained 100 ml and 50 ml of blood stained fluid respectively. Postmortem certificate is to the effect that findings are consistent with drowning. 5. Petition itself reveals that deceased Vijayan was having an illicit Wpc 22460/03 5 relationship with the wife of one Prasannan. House of Prasannan is situated near to the well where the body was found. Statement of friends of Vijayan reveal that they found Vijayan at about 8 p.m on 23/11/2002. Their statements also reveal that vijayan had illicit relationship with wife of Prasannan. It is likely that Vijayan had gone there during that night and had accidentally fell in the well as revealed in the investigation and died due to drowning. On going through the case diary, I do not find that any material aspects was omitted to be investigated or that it warrants any other investigation. In such circumstances, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.