IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 12169 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- C.M.SAROJINI, AGED 60 YEARS, W/O.ANIYAPPAN, KALLAMPALLIL, KAVIYOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPT. OF HOME AFFAIRS, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR GENERAL OF POLICE, KERALA POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DIST, PATHANAMTHITTA - 689 645. 4. THE SUB INSPECTOR, THIRUVALLA POLICE STATION, THIRUVALLA - 689 101. 5. RAJANEESH @ JABBAR, KAYYALAKKAKATHU, KOTTOOR MURI, KAVIYOOR VILLAGE - 689 582. 6. SANU, KAYYALAKKAKATHU, KOTTOOR MURI, KAVIYOOR VILLAGE - 689 582. R1 TO R4 BY GOVT. PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 12169/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR NO.204 DATED 15/02/2011 OF THIRUVALLA POLICE STATION. P2: COPY OF THE POST MORTEM CERTIFICATE DATED 15/02/2011 ISSUED FROM THE MEDICAL COLLEGE KOTTAYAM. P3: COPY OF THE REPRESENTATION DATED 28/03/2011 TO R1. P4: COPY OF THE REPRESENTATION 28/03/2011 TO R2. P5: COPY OF REPRESENTATION DATED 28/02/2011 ADDRESSED TO R3. P6: COPY OF THE SAID NEWS ITEMS DESHABIMANI DAILY DATED 16/02/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.12169 of 2011 --------------------------------------- Dated this 13th day of June, 2011 JUDGMENT According to the petitioner, her son, Sajimon was found dead at the ICU of Pushpagiri Medical College Hospital, Thiruvalla on 15.02.2011 at about 4a.m. The local police registered a case for offence punishable under Sec.304A of the Indian Penal Code (for short, "the IPC”) as if death occurred in a motor accident on 15.02.2011 at about 2a.m. Petitioner suspects that it is a case of murder and there is no proper investigation of the case. Hence it is prayed that the investigation of the case may be made over to a team of higher police officials attached to the crime branch of Kerala police. Learned counsel submitted that there are so many suspicious circumstances surrounding the death of the deceased. I have heard learned Public Prosecutor also. 2. In Ext.P1, FIR it is stated that on 15.02.2011 at about 2a.m while the deceased was removing the wooden block from the rear side of the rear wheel of a lorry which was engaged in illicit transportation of sand in Parapuzha Kadavu, that vehicle rolled back, ran over the deceased and he succumbed to the W.P(C).No.12169 of 2011 -: 2 :- injuries at about 4.40a.m. Learned counsel submitted that the deceased was employed at Thiruvananthapuram for about seven years, there was matrimonial dispute between him and his wife and four days before the date of incident he had returned to his native place. On the day of incident certain persons from Thiruvananthapuram came in search of the deceased and the latter was taken to some unidentified place. Learned counsel submitted that if the version of the police that the vehicle rolled back and ran over the deceased is to be believed, in the normal course the vehicle should have rolled down into the river which did not occur. 3. Learned Public Prosecutor submitted that though the case was registered for offence punishable under Sec.304A of the IPC against the driver of the vehicle, in the subsequent investigation conducted by the Sub Inspector it was revealed that vehicle was used for illicit transportation of sand and accordingly the owner of the vehicle was implicated in the case. Sections 39 r/w 192, 146 r/w 196 of the MV Act are incorporated and investigation is going on. 4. I have gone through the certificate of postmortem examination which revealed that there are altogether 28 ante- mortem injuries on the body of the deceased. The medical Officer who conducted the postmortem examination has opined that W.P(C).No.12169 of 2011 -: 3 :- death was due to injuries sustained to the chest, abdomen and lower limbs. I have also gone through the statement of the Medical Officer who is seen to have opined that the injuries may have occurred due to being run over by the vehicle in the incident. 5. As submitted by the learned Public Prosecutor, investigation is not completed. Some witnesses have already been questioned. Having regard to the nature of the incident, it appears to me that it is appropriate that investigation is conducted by the Circle Inspector having charge over the area where the incident occurred and it is supervised by the Deputy Superintendent of Police concerned. Resultantly this petition is disposed of directing that investigation of Crime No.204 of 2011 of Thiruvalla Police Station shall be continued by the Circle Inspector, Thiruvalla and supervised by the Dy.S.P, Thiruvalla. The Superintendent of Police, Pathanamthitta shall issue necessary orders in the above lines within two weeks from the date of receipt of a copy of this judgment which shall be made available by the petitioner. (THOMAS P JOSEPH, JUDGE) Sbna/-