IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 24873 of 2010(Q) --------------------------------------- PETITIONER: ------------------- SHAHUL HAMEED, S/O. ISMAIL, NO.3, NAIYAR NAGER, NEAR ANSAR MOSQUE, COIMBATORE, TAMIL NADU. BY ADVS. SRI.BABU S. NAIR, SMT.M.T.SHEEBA, SRI.P.A.RAJESH, SRI.K.RAKESH, SMT.VRINDA PAUL. RESPONDENTS: ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM-695 001. 2. THE SUPERINTENDENT OF POLICE, THRISSUR-680 001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH(C.B.C.I.D.) THRISSUR-680 001. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT-680 503. 5. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION,THRISSUR DISTRICT PIN-680 503. R1 TO R5 BY GOVERNMENT PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.24873 OF 2010 --------------------------------------------- Dated 1st October, 2010 JUDGMENT Brother of deceased Abbas, alias Hakkim who died on mid night of 31/3/2010 in a well filed this petition under Article 226 of Constitution of India for a writ of mandamus directing respondents 1 and 2 to entrust the investigation of Crime No.392/2010 of Kunnamkulam Police Station to the third respondent or any other specialized agencies contending that the death of Abbas was not due to any accidental fall as alleged by the prosecution but a homicide. Petitioner would contend that he believes that it is due to the intervention of the M.L.A, police did not properly investigate the case and if proper investigation is conducted real culprits could Wpc 24873/10 2 be traced out. 2. Circle Inspector of Police, Kunnamkulam filed a statement showing the details of the investigation stating that the final report could be submitted only on getting report from Forensic Science Laboratory and the case is being properly investigated. 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 4. Case diary was made available by the Government Pleader. On going through the case diary, I am satisfied that there is no proper investigation. There are several discrepancies in the statements recorded, which should have persuaded the investigating officer to a probe further to arrive at the truth. Petitioner had submitted a petition before the Wpc 24873/10 3 Police alleging that the owner of the hotel had borrowed money from deceased Abbas and it was not repaid and when the money was asked for there was quarrel between them and petitioner suspected said owner behind the murder of Abbas. Though statement reveals that on investigation the allegation is found not correct, statement of Shareef recorded by the Police itself reveals that money was obtained from Abbas and it was not repaid when demanded. Though statement reveals that there was a claim of repayment of the money to Abbas, statement of another witness shows that claim was that it was paid in his presence, there is material discrepancy in the said version. In such circumstances, it should have been properly investigated. So also when it is seen that, at the time of the inquest, information disclosed Wpc 24873/10 4 to the police was that deceased Abbas after a quarrel from the hotel went to the nearby bus shelter and from the hotel information was given to the owner, and the owner came there with two others in a motor bike. Finding them apprehending that they will attack the deceased, he allegedly moved towards the tamarind tree to take a stick. Then accidentally Abbas fell in the well. Though people who rushed there tried to save him and Suneer, one among them, got into the well also died. It was also claimed to be accidental death. Subsequent statements taken by the police reveals a different story. As per that story after the first quarrel from the hotel, Abbas had gone out of the hotel. While he was standing there, Basheer came there in a motor bike and he asked Abbas to disperse to. But Wpc 24873/10 5 Abbas refused to go. Hence in the presence of Abbas, Basheer called the police. Finding it, fearing that police will come, Abbas tried to escape and then he accidentally fell in the well. Suneer, his friend who tried to save him got into the well. He also died. These material discrepancies in the subsequent version and earlier version should be properly investigated. The case diary reveals that the material aspects were not properly investigated. In such circumstances, interest of justice warrants that there should be a proper investigation. Hence investigation is to be handed over to the Crime Branch. Petition is allowed. First respondent is directed to hand over the investigation of Crime No.392/2010 of Kunnamkulam Police Station to the Crime Branch with a direction Wpc 24873/10 6 that investigation shall be entrusted to an officer not below the rank of Deputy Superintendent of Police for proper investigation. Investigatiing Officer shall consider all the material aspects and complete the investigation expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.