IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 32721 of 2009(Q) -------------------------- (CRIME NO.257/2008 OF CHINGAVANAM POLICE STATION) PETITIONER: --------------- RAJU @ CHACKO, S/O. MARCOS, AGED 66, CHATHANATTU, KUNNUMPURATHI HOUSE, PANACHIKADU VILLAGE, KOTTAYAM. BY ADV. SRI.C.S.MANILAL RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHCADU, TRIVANDRUM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 4. THE SUB INSPECTOR OF POLICE, CHINGAVANAM POLICE STATION, KOTTAYAM. GOVERNMENT PLEADER SRI.C.M.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------ W.P.(C).No.32721 of 2009 -------------------------------------- Dated this the 9th day of June, 2010 ORDER In this writ petition filed by the father of one Rajeev aged 26 years who was found dead in the bushes near the railway track at Kuttikkattoor on 5/7/2008 seeks a direction to the second respondent Director General of Police to constitute a special investigation team and to conduct an effective and impartial investigation in Crime No.257/2008 of Chingavanam Police Station. 2. The petitioner's son Rajeev was working as a part time driver in the Panachikkadu Grama Panchayat. He was unmarried and was living with the petitioner. His dead body was found in the railway track near Kuttikattoor Temple at Moolavatom in Kottayam District. On information received about the unfortunate death of the petitioner's son the Chingavanam Police rushed to the spot and initially registered a case as Crime No.257/2008 under the caption “unnatural death” under Section 174 of Code of Criminal Procedure on the strength of the First Information Statement given by Baiju who is the brother's son of the petitioner. The above crime W.P.(C)No.32721/2009 : 2 : was registered at 2.45 p.m. on 5/7/2008. Inquest over the dead body of Rajeev was conducted by the Sub Divisional Magistrate, Kottayam. Additional Sub Inspector of Chingavanam who conducted the preliminary investigation questioned seven witnesses and recorded their statement. Thereafter one Shri.T.P.Varghese, Sub Inspector of Chingavanam conducted further investigation and questioned 14 witnesses whose statements were recorded. One M.M.Rajan who succeeded T.M.Varghese had also conducted further investigation in the matter. After completion of investigation the said officer filed a final report before the Executive Magistrate on 14/6/2009 to the fact that the death of Rajeev was an accidental death after being hit by a running train while he was in an intoxicated condition. The Autopsy surgeon who conducted the post mortem had also concluded that the cause of death was due to the multiple injuries sustained by the deceased. From the investigation conducted by the aforesaid officer it was concluded that deceased Rajeev was addicted to alcohol, that on the previous day he had attempted to commit suicide in an intoxicated state by W.P.(C)No.32721/2009 : 3 : jumping into the river at Kodimatha, that he was rescued and brought back to the house and he again went out and consumed alcohol from Athira Bar at Kottayam in the evening and had also consumed liquor from the tavern belonging to the Beverages Corporation and he had unsuccessfully attempted to commit suicide by running in front of a super fast bus, but due to the timely action of his friend Sasi he was saved and that there was reason to believe that when Rajeev walking along railway track was hit by a running train and succumbed to the injuries sustained in that fashion. The police had questioned the two friends Sasi and Saju whom the petitioner suspected to be behind the unnatural death of Rajeev. 3. Eventhough the learned Public Prosecutor in charge of the case submitted that proper investigation has been conducted in the matter, the fact remains that Rajeev who was employed as part time Driver and was aged only 26 years had met with his premature death under circumstances from which a suspicion cannot be completely ruled out. The intervention of human agency behind his death W.P.(C)No.32721/2009 : 4 : should be fully probed. In any view of the matter, the case needs a second look at the hands of a superior police officer. Eventhough the final report under Section 174 Code of Criminal Procedure has been given to the Sub Division Magistrarte, I direct the third respondent, Superintendent of Police, Kottayam to entrust the investigation of Crime No.257/2008 of Chingavanam Police Station with a Circle Inspector of Police of proven record and unquestionable integrity with a direction to conduct further investigation to rule out the possibility of any foul play behind the premature death of the Rajeev. The case records shall be handed over to the Superintendent Police, Kottayam immediately for information and compliance. V.RAMKUMAR, JUDGE skj