IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 18980 of 2008(H) --------------------------------------------- CRIME NO.367/2007 of KAZHAKUTTOM POLICE STATION ............ PETITIONERS: 1. P.D.SATHYA DAS, BINU BHAVAN GANDHIPURAM, SREEKARIYAM, THIRUVANANTHAPURAM. 2. SONIA BINU, BINU BHAVAN, DO. DO. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: 1. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS,THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 4. CIRCLE INSPECTOR OF POLICE, KAZHAKUTTOM. 5. CENTRAL BUREAU OF INVESTIGATION, NEW DELHI, REPRESENTED BY ITS DIRECTOR. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. BY ADV. SRI.M.V.S.NAMBOOTHIRY FOR R5 BY GOVT. PLEADER SRI.AMJAD ALI FOR R1 TO R4 & R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 18980/2008 PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE VISITING CARD OF THE DECEASED BINU DAS EXT. P2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.361/2007 EXT. P3 TRUE COPY OF THE REPRESENTATION DT. 19.12.07 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT EXT. P4 TRUE COPY OF THE POSTMORTEM CERTIFICATE DT. 4.2.08 EXT. P5 TRUE COPY OF THE REPRESENTATION DT. 7.5.08 SUBMITTED BY THE PETITIONERS BEFORE 1ST RESPONDENT EXT. P6 TRUE COPY OF THE MEMO ISSUED FROM THE OFFICE OF THE HON'BLE MINISTER FOR HOME AND VIGILANCE /TRUE COPY/ M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.18980 of 2008 H -------------------------- JUDGMENT Petitioners are the father and widow of deceased Binu Das, who died under suspicious circumstances on 1.11.2007. Crime No.361/2007 of Kazhakuttom Police Station was registered under Section 174 of Code of Criminal Procedure on the suspicious death of Binu Das, after recording the statement of Stephen, the brother of the mother of the deceased Binu Das. Postmortem examination on the body was conducted on 2.11.2007 by Dr.K.S.Meena, Assistant Professor of Forensic Medicine. The blood and viscera, preserved at the time of autopsy, were sent for chemical analysis. Based on the investigation, Sub Inspector of Police filed a report before Sub Divisional Magistrate, Thiruvananthapuram stating that there is no suspicion regarding the death. WPC 18980/08 2 2. Later, on 15.2.2008, report of chemical analysis, on examination of the blood and viscera, collected at the time of autopsy and examined at the laboratory, was received by Investigating Officer, which discloses that death was due to Triazophos poisoning. Based on that report, Sub Inspector re-opened the investigation and questioned the witnesses. Superintendent of Police, Thiruvananthapuram Rural, as per order dated 28.3.2008, entrusted the investigation to Deputy Superintendent of Police, Attingal. In spite of investigation, no progress could be achieved. Petitioners, at this stage, filed this petition under Article 226 of Constitution of India for a writ of mandamus commanding respondents to transfer Crime No.361/2007 of Kazhakuttom Police Station to the fifth respondent, Central Bureau of Investigation or to some other Investigating Agency. WPC 18980/08 3 3. Deputy Superintendent of Police, Attingal, who was entrusted with the investigation, filed a statement dated 4.7.2008 stating that in spite of investigation, no conclusion could be reached how the poison triazophos reached the body of Binu Das and the case is being investigated and informants were set in and around Gandhipuram to watch public talk regarding the death and steps are being taken to find out whether the deceased purchased the alleged poison from any of the shops, prior to the incident and whether there is any enemy among his friends or relatives and to find out whether there was any money transaction with the deceased. 4. Later, as directed, the Deputy Superintendent of Police filed a further statement dated 21.7.2009 stating that on investigation, it is revealed that Binu Das married the second petitioner on 7.4.2004 and when she belongs to Christian community, he belongs to Nadar community and along with the wife, he had gone to Gulf and though marriage was 3½ WPC 18980/08 4 years earlier, no child was begotten and Binu Das had availed loan from Gulf to construct a house at Gandhipuram and though the house was constructed, the property stands in the name of his mother and being a diabetic patient, he had some physical illness and when Binu Das parted for the last time from his friends, he had told them as to how long they could meet again and in spite of investigation, from where the poison was purchased could not be found out and it appears that it is a case of suicide. 5. A reply affidavit was filed by the petitioners controverting to the findings and the statements, contending that there was no proper investigation and in such circumstances, necessary directions are to be issued. 6.Learned counsel appearing for the petitioners and learned Government Pleader were heard. 7. It cannot be disputed that death of Binu Das was under suspicious circumstances. From the report WPC 18980/08 5 of chemical analysis, it cannot be disputed that it was not a natural death, but was due to triazophos poisoning. Though, in the subsequent statement filed by the Investigating Officer it is stated that it could be a case of suicide, if triazophos poison was consumed by the deceased with the intention to commit suicide, he should have purchased the same from some shop. Investigation does not reveal that the deceased obtained the poison. If poison was consumed by the deceased, the balance or the bottle, should have been available somewhere near to the place of occurrence or with the deceased. Nothing could be recovered. Though, it is stated that it could be a case of suicide, no material was unearthed to support the case of suicide. In such circumstances, in spite of the fact that Investigating Officer sought time to complete the investigation stating that certain aspects, which are specifically mentioned in the written statement, are to be found out, in spite of WPC 18980/08 6 the protracted investigation, nothing could be unearthed. In such circumstances, interest of justice warrants that there should be a proper, effective and thorough investigation. Writ petition is disposed directing the first respondent, Director General of Police, to handover investigation of Crime No.361/2007 of Kazhakuttom Police Station to the Crime Branch, with a direction to conduct investigation by a competent Officer not below the rank of Deputy Superintendent of Police. It is made clear that Investigating Officer has to conduct a thorough, effective and expeditious investigation. 6th October, 2009 (M.Sasidharan Nambiar, Judge) tkv