IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 27457 of 2009(Q) ----------------------- PETITIONER(S): ----------- RAJALEKSHY SREEDHARAN, AGED 75 YEARS, SOUTH BEACH AVENUE, MRC NAGAR, CHENNAI. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D., CRIME BRANCH HEAD QUARTERS, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, VAZHUTHACAUD, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, VAZHUTHACAUD, THIRUVANANTHAPURAM. GOVERNMENT PLEADERSRI. C.S. HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. ( C) No. 27457 of 2009 * * * * * * * * * * * * * * * * * * Dated, this the 20th day of May, 2010 Judgment The petitioner who is the mother of late N.K. Sheeba Susheelan, seeks a direction to entrust the investigation of Crime No. 203 of 2009 of Museum Police Station, Thiruvananthapuram to the 3rd respondent Deputy Superintendent of Police ,CBCID, Crime Branch Headquarters, Thiruvananthapuram. 2. Sheeba Susheelan, the daughter of the petitioner was found dead on 21-4-2009 hanging from a ceiling fan in Flat No. 7C opposite to Aakasavani, Vazhuthacaud, Thiruvananthapuram. The said flat belongs to her husband Dr. Babu Susheelan. Sheeba was aged 50 years when she was found dead. The marriage between Sheeba and Doctor Babu Susheelan was some time in the year 2001. It was the second marriage of Sheeba and the 3rd marriage of Dr. Babu Susheelan. Dr. Babu Susheelan has a daughter in his first wife and she is also a doctor by profession. Deceased Sheeba has a son in her first marriage. The petitioner is permanently residing W.P. ( C) No. 27457 of 2009 -:2:- at Chennai. Petitioners brother one K.V. Jinadas is a resident of Pallur in Mahe. At 2.45 p.m. on 21-4-2009 Dr. Babu Susheelan went to the Museum Police Station and made a report as follows:- “He was a Professor in Harisburg University at Pensilvenia State in America. He is now retired. His present wife Sheeba Susheelan was found dead by hanging on the ceiling fan in the bedroom of his flat sometime between 1.45 p.m. and 2.30 p.m. on 21-4-2009. He came to report the said death. His first wife died. He married Sheeba in the month of March 2001. They were permanently residing in America He came to Thiruvananthapuram on 17-2-2009. On 21-4- 2009 he had gone out and after visiting his bank and other places he reached home at about 1.15 p.m. At that time Sheeba was not at home. The maid servant served his lunch and went away. After some time Sheeba came. Himself and Sheeba had their lunch together. At about 1.45 p.m. he went to his room to have some rest. Sheeba went to the next room to work on the Computer. At 2.30 p.m. when he got up and went to Sheeba's room he found Sheeba hanging on the ceiling fan using a pink shawl. Sheeba had attempted to commit suicide earlier by taking over doze of sleeping pills while they were in America. This was Sheeba's 2nd marriage. Her former husband died. She has a son in her first marriage by name Rahul who W.P. ( C) No. 27457 of 2009 -:3:- is in America. The complainant has two children in his first wife. His son Hari Susheelan is presently in America. His daughter Lakshmi Susheelan is at present in Kerala. Sheeba must have committed suicide due to some mental turmoil. He has no suspicion in the matter. The Museum Police registered a case as Crime No. 203 of 2009 under the caption “Unnatural death” under Sec. 174 Cr.P.C. Both the inquest as well as post-mortem report only confirmed that the cause of death was due to hanging. The statement of the Autopsy Surgeon Dr. S. Sivasudhan who was a Professor and Head of the Department and Forensic Medicine, Medical College, Thiruvananthapuram was affirmative that there was nothing unusual with regard to the ligature mark noted in the post-mortem report. 3. The petitioner has a specific case that the husband of the deceased being a doctor was able to influence the doctors. A perusal of the post-mortem report shows that a noting to the effect that lungs “showed rib markings on the surface and ballooned, crepitant” is seen scored off and no investigation appears to have been done by the investigating officer by questioning the Autopsy Surgeon with regard to the above portion of the postmortem report. Strangely enough, neither the viscera nor the blood or other tissue have been taken or W.P. ( C) No. 27457 of 2009 -:4:- preserved for any histopathological examination. None of the neighbours nor relatives appear to have questioned by the Investigating Officer who was only the Sub Inspector of Police, Museum Police Station. 4. According to the petitioner, eventhough Dr. Babu Susheelan found his wife hanging in the afternoon of 21-4-2009 at 1.15 PM the information was given to K.V. Jinadas at Mahe who is none other than the uncle of the deceased and brother of the petitioner only at 6.51 P.M. By the time Jinadas reached Thiruvananthapuram, the autopsy was already over. In Ext.P2 application to the Police (SHO, Museum) the uncle of Sheeba had stated that her husband was pressing her to pay huge amounts of money to him. Sheeba had movable and immovable properties valued more than 10 lakhs and he had information to the effect that her husband Susheelan had taken an insurance policy in her name lately and he suspected that Susheelan and the daughter born to his first wife who is also a doctor had conspired each other to finish off Sheeba for gain. He had also alleged the fact that another wife of Dr. Babu Susheelan who died mysteriously was kept as a secret. No investigation worth the name appaears to have been conducted with regard to the aforementioned aspects of the case. I am not satisfied with the W.P. ( C) No. 27457 of 2009 -:5:- perfunctory investigation conducted by the Sub Inspector. The case definitely deserve a deeper investigation at the level of a Senior Officer. Hence, I am of the view that interests of justice require that the case is investigated by the Crime Branch Police. Accordingly, the investigation of Crime No. 203 of 2009 of Museum Police Station, Thiruvananthapuram shall be transferred to the Crime Branch Police under the 3rd respondent who shall conduct a detailed, scientific and impartial investigation into the various aspects of the matter and submit a final report within four months of taking over the investigation. This Wit Petition is allowed as above. Sd/-V. RAMKUMAR, JUDGE /true copy/ P.S. to Judge