IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 18084 of 2010(Q) ----------------------- PETITIONER(S): ---------- PRASANNA,D/O.NARAYANAN,D & T COLONY, SNEHA NAGAR,H.NO.30,KADAVANTHARA,KOCHI. BY ADV. SRI.K.K.SUNIL KUMAR (IDUKKI) SRI.C.MOHANAN(THIRUPURAM) RESPONDENT(S): ------------ 1. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE,ALAPPUZHA. 3. CIRCLE INSPECTOR OF POLICE,AROOR. 4. SUB INSPECTOR OF POLICE,AROOR POLICE STATION,AROOR. GOVERNMENT PLEADER SRI.KAMMAPPU FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ................................................. W.P. ( C ) No. 18084 of 2010 ................................................. Dated: 16th day of July, 2010. JUDGMENT The petitioner who is a physically handicapped woman aged 60 years residing at Sneha Nagar in Kadavanthara, Kochi, seeks a direction to the first respondent Director General of Police to order a proper investigation of Crime No. 532 of 2009 of Aroor Police Station pertaining to the death of the petitioner's son Pramod aged 28 years. According to the petitioner who is working as a Sweeper in the Corporation of Cochin on daily wages, the petitioner's son was murdered by his wife's relatives and the petitioner is suspecting her daughter-in-law Nisha and one Jose who is the husband of Nisha's elder sister. 2. I heard the learned counsel for the petitioner and the Public Prosecutor. I also perused the case diary files. 3. The marriage of Pramod and Nisha five years ago W.P. ( C ) No. 18084 of 2010- :2:- was a love marriage. Pramod is a Hindu and Nisha is a Christian. The father of Pramod is no more. Pramod along with his mother (the petitioner herein) was residing at Sneha Nagar, Kadavathara, Kochi. After the marriage, Pramod started residing in his wife's House at Vattathara House, Chandiroor in Aroor Panchayath. Pramod and Nisha are having two children aged four years and six months respectively. Pramod was in the habit of frequently consuming alcohol and was not regular in going for his job as an electrician. There were financial problems in the family. 4. Pramod who was a drunkard was in the habit of picking up frequent quarrels with his wife due to the financial problems. Impelled by some unknown stimulus, (presumably out of frustration) sometime between 4.30 and 5.30 p.m. on 20-10-2009 Pramod committed suicide by hanging at Vattathara House in Chandiroor using a nylon rope . 5. The factum of death of Pramod was reported to the Aroor Police by one Antony, a neighbour of Pramod and W.P. ( C ) No. 18084 of 2010- :3:- Nisha at 6.30 p.m. on 20-10-2009. The Sub Inspector of Police, Aroor registered a case as Crime No. 532 of 2009 under the caption “unnatural death” under Sec. 174 Cr.P.C. Inquest over the dead body of Pramod was conducted by the Sub Inspector from Vattathara House at 8.30 a.m. on 21-10- 2009. At the time of inquest the Sub Inspector had questioned Prasanna, (the petitioner) who is the mother of Pramod. Nisha, the wife of Pramod was also questioned. Both of them had told the police that Pramod who had taken to drinking used to frequently pick up quarrels and that it was a case of suicide and both of them had no suspicion behind the death of Pramod. 6. Autopsy over the dead body of Pramod was conducted by Dr. K.K. Damodaran, Civil Surgeon, Community Health Centre, Thuravoor at 10.55 a.m. on 21-10-2009. Ext.P3 postmortem certificate together with the statement of the said doctor under Sec. 161 Cr.P.C. given to the Investigating Officer show that the postmortem appearances were consistent with death by asphyxia due to hanging and W.P. ( C ) No. 18084 of 2010- :4:- there were no other antemortem injuries except the ligature mark in the neck of Pramod to suggest that the death of Pramod could be due to homicidal hanging. 7. After the death of Pramod the petitioner was not rendering any help or succor to Nisha, the daughter-in-law of the petitioner. Some enmity had developed between the petitioner and Nisha and this was the reason for the petitioner subsequently coming out with a case that her son was murdered and was thereafter hanged to make it appear that he had committed suicide. 8. The stand now taken by the petitioner is the product of an ill-motivated afterthought. The investigation of the case appears to have been conducted properly and there is nothing to indicate that death of Pramod was homicidal . The Sub Inspector who conducted the investigation has submitted the final report on 31-10-2009 before the Magistrate concerned to the effect that there is nothing to suspect the commission of any offence behind the unnatural death of Pramod who was actually committing suicide out of W.P. ( C ) No. 18084 of 2010- :5:- frustration in life. I do not find any good ground to order a further investigation in the matter. This Writ Petition is accordingly, dismissed. Dated this the 16th day of July, 2010. Sd/-V. RAMKUMAR, JUDGE. /true copy/ P.S. to Judge