IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 31695 of 2010(J) ---------------------------------------- (CRIME NO.67/2010 OF MANNUTHY POLICE STATION) .. PETITIONER(S): ------------------------ SHYNI, AGED 30 YEARS, W/O.LATE SANTHOSH, KANNAMKALLEL HOUSE, KALAKUNNU DESOM, PEECHI VILLAGE, ASARIKKADU P.O., THRISSUR DISTRICT. BY ADVS. SRI.A.X.VARGHESE, SRI.A.V.JOJO. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY SECRETARY MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, THRISSUR. 4. THE SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION. R1 TO R4 BY PUBLIC PROSECUTOR SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.31695 of 2010 -------------------------------------- Dated this the 8th day of February, 2011. JUDGMENT This petition is filed by the wife of the deceased seeking a writ of mandamus directing respondent Nos.1 to 3 to entrust investigation of Crime No.67 of 2010 of Mannuthy Police Station to a senior officer not below the rank of Deputy Superintendent of Police with perpetual monitoring by the Superintendent of Police, Thrissur. According to the petitioner, her husband died under suspicious circumstances on 31.01.2010. Her husband, Santhosh along with his friends had been to Valakkavu river to take bath. Later, the friends claimed that Santhosh disappeared when he dived into the river. Police registered Crime No.67 of 2010 for man missing. On 02.02.2010 the dead body was found in the water. Investigation was conducted by respondent No.4 for unnatural death deleting the caption in the FIR ‘man missing’. Petitioner suspects the involvement of some of the friends of her husband in his death. In the circumstances this petition seeking the relief as aforesaid. 2. As directed by this Court respondent No.3 (the Superintendent of Police, Thrissur) has filed a counter affidavit describing investigation conducted so far and the conclusion that the Investigating Agency was able to arrive at. It is stated that body of deceased was subjected to postmortem examination by the Professor and Head of Department of Forensic Medicine & Police Surgeon, Medical College, Thrissur and that investigation revealed that the deceased WP(C) No.31695/2010 2 along with his friends had gone to take bath in Valakkavu river after attending a marriage party. While so Santhosh dived into the river and tried to reach the opposite side of the river. But he was found missing. It is stated in the counter affidavit that the Deputy Superintendent of Police, Crime Detachment, Thrissur visited the place of occurrence, verified the CD file and questioned petitioner and other witnesses. His enquiry also revealed that it was a case of accidental death. Petitioner is not satisfied with the investigation and still contends that it is a case of murder. Needle of suspicion is pointed at the friends of the deceased who were along with the deceased. Learned counsel has raised various contentions to probabilise the suspicion of petitioner. It is pointed out that some of the injuries seen in Ext.P4, photographs of deceased except one injury are neither mentioned in the inquest report nor the postmortem examination certificate. It is pointed out that if it were a case of the deceased missing after diving into the water, his friends should have informed that matter to the relatives of the deceased. It is pointed out that one Iroli Unni had stated that deceased died due to the mistake of his friends. Learned counsel has taken me through Chapter 24 of the Medical Jurisprudence and Toxicology where symptoms of drowning are explained, i.e. white froth at the mouth and nose, presence of weeds, stones, etc. firmly grasped in the hands, presence of fine froth in the lungs and air passages, voluminous water logged lungs, presence of water in the stomach and intestines and findings of diatoms in the tissues. Learned counsel also relied on the decision of the Supreme Court in Amar Singh v. Balwinder Singh and others ((2003) 2 SCC 518) WP(C) No.31695/2010 3 where the purport and object of inquest is stated to be to ascertain the cause of death. 3. I have been given a photocopy of the CD file. In the FIR registered on 01.02.2010 it is stated that the deceased along with others had been to Valakkavu river and while so, at about 4.45 p.m. the deceased dived into the river to reach the opposite side of the river but he was not seen later. I The informant getting information about the same over telephone reached the scene of occurrence at about 7 p.m. on the date of incident itself and at that time people of the locality and the Fire Force men were searching for the body. The informant has stated that deceased Santhosh was a good swimmer and he does not know what had happened to the deceased. I have also gone through the statement of witnesses to the alleged incident. Though all stated that they had been on the banks of Valakkavu river, some of them had already taken bath and while so there was a bet between them involving deceased Santhosh as to whether one could cross over through underneath the water, the deceased accepted the bet and dived into the river in order to go to the opposite side underneath the water. But he was found missing. They all searched for the body of the deceased but could not be traced. It is seen that statement of witnesses were recorded on 01.02.2010 itself. I have also gone through the report of postmortem examination where it is stated that there was a healing wound 2 x 1 cm. on upper aspect of left foot, face was bloated (having been in the water for some time until the body was traced on 02.02.20100), lips were swollen, abdomen was distended, the body found smeared with plenty of sand WP(C) No.31695/2010 4 particles and bits of dry leaves, skin of hands and feet were wrinkled, soddened and bleached. The Medical Officer opined that postmortem findings were consistant with death of due to drowning. The Medical Officer was questioned by the Investigating Officer on 10.02.2010 when he asserted that cause of death was due to water entering into the lungs and consequent drowning. 4. Now the thrust of argument is based on the opinion expressed in Medical Jurisprudence and Toxicology. Even Ext.P4, photograph would show presence of white froth from the mouth of the deceased. Next contention is that injuries seen on the body of deceased in Ext.P4, photograph are not described in the inquest report or postmortem examination certificate except one injury. It is relevant to note that in the postmortem examination certificate it is stated that the face was bloated and lips were swollen and that the body was found smeared with plenty of sand particles and bits of dry leaves(having been in the water for some time until the body was traced on 02.02.20100). Those observations tally with the opinion in the text relied on by learned counsel. I have gone through the file and the statement of witnesses. I do not find reason to interfere and change the Investigating Agency. Petition fails. It is dismissed. THOMAS P.JOSEPH, Judge. cks