Madras High Court
A.Sampoornam vs The State Of Tamil Nadu on 3 June, 2014
Author: S.Manikumar
Bench: S.Manikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 03.06.2014 CORAM: THE HON'BLE MR. JUSTICE S.MANIKUMAR W.P.No.26800 of 2003 A.Sampoornam .. Petitioner versus 1.The State of Tamil Nadu, rep. by Secretary to Government, Public Department, Fort St. George, Chennai 9. 2.The Director General of Police, Government of Tamil Nadu, Chennai 4. 3.The Superintendent of Police, Namakkal District, Namakkal. 4.The Registrar General, High Court, Chennai 104. 5.The State rep. by Inspector of Police, Namakkal Police Station, Namakkal .. Respondents PRAYER: This writ petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus, directing the respondents 1 to 3, to pay to the petitioner compensation of a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) with interest at 12% p.a. from 02.09.2003, to prosecute on the basis of a fair and impartial investigation by constituting a special investigation team of senior and honest officers and take disciplinary action against the police personnel, judicial officer and others responsible for the wrongful confinement, illegal detention, torture, ill-treatment and eventual death of the petitioner's son A.Viswanathan. For Petitioner : M/s.P.V.S.Giridhar Associates For Respondents : Mr.K.V.Dhanapalan Additional Government Pleader. O R D E R
Mother of Viswanathan, who died, due to alleged torture by the use of third degree methods, by the police officials attached to Namakkal police station, has filed a writ petition, for a mandamus directing, the respondents 1 to 3, to pay her, compensation of a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) with interest, at 12% p.a. from 02.09.2003 and to prosecute on the basis of a fair and impartial investigation by constituting a special investigation team of senior and honest officers and take disciplinary action against the police personnel, judicial officer and others, responsible for the wrongful confinement, illegal detention, torture, ill-treatment and the eventual death of the her son A.Viswanathan.
2. The petitioner has further prayed for interim orders, directing the body to be exhumed from the burial ground and to conduct a second postmortem and also for an interim direction to the Government of Tamilnadu to pay a sum of Rs.2,00,000/- as interim compensation.
3. According to the petitioner on 25.08.2003, about 7.30 pm, her son Viswanathan was called to work in a judicial officer's house. Subsequently, on 27.08.2003, about 3.00am, the petitioner's husband received an anonymous call, stating that the behaviour of her son was not good and somebody scolded over phone. She was also informed that her son was in custody in Namakkal Police Station. At that time she was at Erode. Thereafter, she rushed to Namakkal police station and saw her son in handcuffs and a chain was held by a police constable. He was weak, unable to stand, legs were swollen. There were injuries in the body. When the petitioner enquired her son, he told her that he was beaten up by the judicial officer and policemen, to confess that he had committed theft in the judge's house. The policemen also abused the petitioner, in a vulgar language, calling her a schedule caste bitch and kicked her. Lateron, she was admitted in a private hospital. At 12.30 pm, on 27.08.2013, her husband, brought her son Viswanathan to the house. He was badly beaten. According to her, the judicial officer had given a false complaint to the police that her son had stolen a sum of Rs.4,50,000/- and when he denied the same, he was beaten up by goondas, engaged by him, and forced to sign a note of confession that he had stolen Rs.4,50,000/-. It is also her version that on 26.08.2003, he was tied to the ceiling in the judges house. On the next day, he was taken to the police station and third degree methods were used. When the judicial officer was informed, he threatened the petitioner.
4. It is the further contention of the petitioner that the then Inspector of Police Mr.Rajan and the Sub inspector of Police, Mr.Kandasamy have tortured the petitioner's son. She has also stated that the then Additional Public Prosecutor came to the police station and asked the petitioner's husband to make arrangements to pay the abovesaid amount by selling any property belonging to the petitioner or her husband. The only property which they had, belonged to Tamilnadu Housing Board. On the next day, in the office of Deputy Superintendent of police, the petitioner's husband was compelled to give a written undertaking, to pay the abovesaid amount. Everyday petitioner's husband had to take their son, to the police station and the torture continued.
5. On 02.09.2003, the petitioner's husband went to the Housing Board to obtain a sale deed to make arrangements to sell the house, as advised by the police and around 4.00pm, when she went to Namakkal Police station, her husband was sitting in the police station and cried that her son died, and that the police killed him. The police arranged for a hasty postmortem and though, they compelled the petitioner to cremate the body on the same night, they declined to do so, and buried him. In this regard, they submitted a complaint on 18.09.2003, to the Director General of Police, Chennai and the local police. A complaint was also addressed to The Hon'ble Chief Justice, High Court, Madras, through the Registry. As no action was taken for torture, harassment, and death of Mr.Viswanathan, the petitioner has sought for a mandamus, stated supra.
6. The Inspector of Police, Namakkal, has filed a counter affidavit contending inter alia that the petitioner's son Viswanathan was working as a Office Assistant-cum-Driver, in the then Fast Track Court, Namakkal. He has denied the contention that the petitioner's son was in custody from 27.08.2003, as alleged with handcuffs and a leading chain. According to him, no such incidence took place in the police station. He has also submitted that the petitioner's son was not handed over to the police, either by the petitioner's father or the then Judicial officer. He was not tortured and beaten. Other allegations that the petitioner's son was brought to the office of the Deputy Superintendent of Police and that written statement was undertaken from him, have been denied. All the allegations made against the police officers have been denied. The Inspector of Police, Namakkal Police Station has also denied the contention that a hasty postmortem was done on the body of Viswanathan. According to him, as per the directions of the District Collector, Namakkal, ROC.No.32848/2003(M1), dated 23.09.2003, the dead body of the petitioner's son was exhumed on 27.09.2003 in the presence of the Taluk Executive Magistrate, and that a second postmortem was conducted by a team of doctors and that the entire second postmortem was videographed, as per the guidelines issued by National Human Rights Commission. Torture and killing of the petitioner's son have been denied.
7. With reference to the allegations of theft, the Inspector of Police, Namakkal, Police Station has submitted that on the basis of the complaint given by one Mrs.Gurudevi, wife of the then judicial officer, a case in Cr.No.1225 of 2003 under Section 381 IPC was registered, against Viswanathan, on 28.08.2003 at 6.45am by one Kandasamy, the then Sub Inspector of Police, Namakkal Police Station. Since the complaint was lodged by the wife of the judicial officer, there was no other alternative, except to register the crime. In this connection, both Viswanathan, and his father Arulappan, appeared at Namakkal P.S on 29.08.03 and when interrogated, the said staff admitted his guilt that, he had committed theft of Rs.4,50,000/-. He did not return the stolen amount nor gave any satisfactory explanation for the disposal. He prayed for time and promised to return the amount. Mr.Arulappan, father of the accused also assured repayment. The complainant was insisting on that. Under the abovesaid circumstances arrest, was not made.
8. Therefore it is incorrect to state that the petitioners son was brought to Namakkal Police station, every day from 28-08-2003 to 01-09-2003 and that he was tortured in the presence of his father and was asked to go home with petitioners husband. The Inspector of Police, in his counter affidavit has further submitted that the petitioners son only appeared for an enquiry along with his father on 29-08-03 and on the assurance to give back the stolen amount, they were advised to settle the amount to the complainant. He has submitted that on 02/09/2003 at about 12.30 hours, the petitioners husband Arulappan presented a report to him regarding the theft of Rs.4,50,000/- committed by his son Viswanathan, at the residence of the then Fast Track Court Judge at Namakkal and about the pleading before the said Judge for the time to arrange for the money. In the report, he has further stated that he came down to Namakkal along with his son on 02-09-2003 at 9.00 hours, and instructed him Viswanathan to stay back, at the bus stand, Namakkal with assurance that he would come back, after arranging the amount from Thiruchengode. He has stated that his son could not be found there. Later on, he came to know that his son had gone to Namakkal Government Hospital, due to some ailment, that on reaching the hospital, he came to know that his son who went to hospital for treatment, passed away and that his dead body was in the mortuary. In his written report, he has further stated that he accompanied his son Viswanathan from Thiruchengode to Namakkal on 02-09-2003. His son out of depression told him that he would not survive, and requested him to arrange for a decent burial. Hence he had suspected that his son would have consumed some poisonous substance or tablets with out the knowledge of his family members and committed suicide. Thus he had requested for action, in this regard and to handover the body, after completing inquest.
9. The Inspector of Police has further stated that based on the above said written report presented by the petitioners husband, he registered a case in Namakkal Police Station Cr.No. 1249/2003 u/s. 174 Cr.P.C., took up the investigation, and conducted a inquest over the dead body. During the inquest, the driver of auto bearing Regn. No.: TN51-9439 Tr. Mani @ Mainkandan and one somu who had taken the said viswanathan (since deceased) to the Government Hospital Namakkal for treatment, were examined along with other witnesses, and that they have catagarically stated that the said viswanathan was alive, even after his admission in the Government Hospital, Namakkal. This was confirmed by one Rajasekar, the causality attender attached to the said hospital. But the duty doctor who attended on the said viswanathan found him dead. The Inspector of Police has further stated that the petitioner was very much present at the time of inquest. She was also examined at the time of inquest and it is uncorrect to state that she came to the police station, by 4 p.m. on 02-09-2003 and saw her husband sitting in a shocked condition, and was compelled to sign in a statement.
10. The Inspector of Police has denied the allegation that the petitioners son died due to torture of police. The doctor who conducted autopsy over the dead body of the petitioners son Viswanathan, in the post mortem certificate has stated that No External injury was found over the body. It is also stated in the post mortem certificate that stomach contained a greyish fluid of 200ml with a peculiar odour, during autopsy. As such viscera was preserved and sent for chemical examination to the Regional Forensic Science Laboratory, Coimbatore. On the examination of Viscera of Viswanathan, Aluminum Phosphate and two hundred and twenty eight (228) mg ethyl alcohol was detected in the stomach. The hyoid bone of the deceased was also preserved and sent for examination. On examination of the same the expert, the Professor of Forensic Medicine and District police Surgeon has issued a certificate stating that Hyoid bone was intact. On the perusal of the reports obtained from Forensic Science Laboratory, the doctor, who conducted post mortem has also opined that the deceased appear to have died of Aluminum Phosphate poisoning.
11. The Inspector of Police has further submitted that as per the directions of the State Human Right Commission for Women and on the orders of the District Collector, Namakkal, on 27-09-2003, the petitioners son Viswanathans dead body was exhumed at sengodampalayam burial ground, Thiruchangode, in the presence of the Executive Magistrate, Thiruchangode and that a team of Govt, doctors have conducted a second postmortem. Viscera was preserved and sent for chemical Examination. The entire Exhumination and second post mortem was videographed and all the guidelines of NHRC, New Delhi were observed.
12. The Inspector of Police has further submitted that the death of the deceased Viswanathan did not occur in Police custody and that there was no torture or harassment on the deceased. This is proved beyond any reasonable doubt, as the doctor who conducted the post mortem has clearly stated that the deceased would appear to have died due to Aluminum Phosphate poisoning. Therefore, it is a clear case of suicide by consuming poison. Hence the respondents are in no way liable for the death of the petitioners son Viswanathan. He has further stated that there is absolutely no truth in the allegations that the petitioners son died because of the alleged torture by the police. The investigation into the circumstances leading to his death, which is fully supported by the findings of the post mortem examination would clearly prove that the said Viswanathan committed suicide, by consuming poison.
13. The Inspector of Police has further submitted that with regard to same allegations, the State Human Rights Commission conducted an enquiry. The petitioner and her husband appeared before the State Human Rights Commission and before the Principal District Judge and gave statements. The State Human Rights Commission conducted an enquiry on 09-09-2003 & 10-09- 2003. The same is deliberately suppressed in this writ petition. For the abovesaid reasons, he has prayed to dismiss the writ petition.
14. Heard the learned counsel for the parties and perused the materials available on record.
15. Material on record discloses that a complaint in Cr.No.1225 of 2003, has been registered under Section 381 IPC on the file of Namakkal Police Station against Viswanthan, the then Office Assistant Cum driver of the Fast Track Court, Namakkal, at the instance of the wife, of the then judicial officer, alleging that he had stolen a sum of Rs.50,000/-.
16. Material on record further discloses that A.Viswanathan (since deceased) had given statement on 29.08.2003, in the presence of his father V.Arulappan stating that he had removed a sum of Rs.4,50,000/- kept in the suitcase. The letter reads that he had agreed to repay the said amount. The relevant portion is extracted hereunder.
ehd; FLk;gj;Jld; nkw;fz;l tpyhrj;jpy; trpf;fpnwd;/ jha; rk;g{uzk; tPl;Lld; ,Ue;J tUfpwhu;/ je;ij Kd;dhy; ,uhQqt tpuu; MFk;/ vdJ mz;zd; ghyRg;gpukzpak;. <nuhl;oy; khzpaf;fhuu; tPl;L tyR FoapUe;J bfhz;L myfhghj;J gh';fpapy; gzpg[hpe;J tUfpwhu;/ vdJ mf;fh b$ayl;Rkp FUrhkpghisaj;jpy; FoapUe;J bfhz;L jdpahu; gs;spapy; Mrphpauhf gzpg[hpe;Jf; bfhz;L tUfpwhs;/ jk;gp Kk;Ku;j;jp vd;Dld; FoapUe;Jbfhz;L BE goj;Jf;bfhz;l tUfpwhd;/ ehd; 10 tFg;g[ tiu goj;Js;nsd;/ fle;j xU tUlkhf ehkf;fypy; tpiut[ ePjpkd;wj;jpy; mYtyf cjtpahsuhf gzpg[hpe;J tUfpnwd;/ vd;id 18/08/2003 jp';fl;fpHik fhiy 10/00 kzp mstpy; ePjpkd;w ePjpgjp mtu;fspd; tPl;oypUe;J ePjpgjp mtu;fspd; Jiztpahu; btspa{u; g[wg;gLk; nghJ Nl;nf!; vLj;J fhhpy; itj;jnghJ mjpypUe;J gzk; U:gha; 4.50.000-? ehY yl;rj;J Ik;gjhapuk; xU k";rs;igapy; ,Ue;jnj bjhpahky; vLj;Jtpl;lhd;/ mjd;gpd; jtWbad czh;e;Jtpl;lhd;/ jpUoa gzj;ij ehd; mg;gona jpUg;gpf; bfhLj;J tpLfpnwd;/ vdt[k; jw;nghJ 29/08/03?k; njjp vd; je;ij mUsg;gd; cld; tPl;ow;F bry;fpnwd; vd;Wk; bjhptpj;Jf;bfhs;fpnwd;/ Translated version of the above is as follows:
I am residing in the aforesaid address with my family. My mother Sampoornam is a housewife. My father is an Ex-service man. My elder brother Balasubramaniam is residing within the vicinity of the house of V.A.O and working in Allahabad Bank. My elder sister Jayalakshmi, is residing at Gurusamypalayam and working as Teacher in a private school. My younger brother Mumoorthy is staying with me and studying B.E. I have studied upto 10th standard. For the past one year, I am working as office Assistant in the Fast Track Court, Namakkal. On 18.08.2003, Monday, at 10.00 a.m., when the wife of the Judge, left the house of the Judge for outstation, while keeping the suitcase in the car, he(sic) unknowingly took the amount of Rs.4,50,000/-(Rupees Four Lakhs and Fifty Thousand), kept there in a yellow bag; ........... Thereafter he(sic) realised the mistake. I will return the entire stolen money. Presently, i.e., 29.08.2003, I leave for my home along with my father.
Yours truly Sd/-
A.Viswanathan
17. Statement of Arulappan, father of the deceased is as follows:
tp/mUsg;gd;. taJ (62). j-bg/tUjg;gd;. be/30. MWKfj;jhd; Fl;il. Vnf, nuhL. jpUr;br';nfhL. ehkf;fy;. vd;gtuJ thf;FK:yk;:
ehd; FLk;gj;Jld; ehkf;fy; khtl;lk; jpUr;br';nfhl;oy; be/30. MWKfj;jhd; Fl;ilapy; trpj;J tUfpnwd;/ kidtp rk;g{h;zk; tPl;Lld; cs;shh;/ ehd; Kd;dhy; ,uhQqt tPuh; Mntd;/ kfd; ghyRg;gpukzpak; <nuhl;oy; cs;s myfhghj; t';fpapy; ntiy bra;J tUfpwhd;/ kfs; b$ayl;Rkp fztUld; FUrhkpghisaj;jpy; trpj;Jf; bfhz;L jdpahh; gs;spapy; Mrphpiaahf ntiy bra;fpwhs/ kfd; Kk;K:h;j;jp tPl;Lld; ,Ue;J gp, goj;J tUfpwhd;/ kfd; tp!;tehjd; (27) 10k; tFg;g[ tiu goj;Js;shd;/ ehkf;fy; tpiut[ ePjpkd;wj;jp;y; mYtyf cjtpahsuhft[k; ePjpgjp tPl;oy; fhh; oiutuhft[k; ntiy bra;J tUfpwhd;/ brd;w 18/08/2003k; njjp fhiy Rkhh; 09/00 kzpastpy; tpiut[ePjpkd;w ePjpgjp mth;fs; btspa{h; brd;wpUe;j nghJ v$khdpd; Jiztpahh; mth;fs; kfd;fs; gog;g[ bryt[f;fhf gzk; vLj;J $Pg; ngf;fpy; k";rs; igapy; itj;J kJiuf;F brd;wnghJ PtPl;oypUe;J fhhpy; ngf;if itf;f bfhLj;jnghJ tp!;tehjd; jtwp ngha; bjhpahky; gzj;ij vLj;J fhh; rPl;oy; itj;Jtpl;ljhft[k; gpwF v$khddpd; Jiztpahh; fhUf;F te;j nghJ mtiu g!;epiyak; miHj;Jr; brd;W kJiu bry;Yk; g!;!py; Vw;wp ngf;if bfhLj;Jtpl;ljhft[k; gpwF jhd; fhh; tPl;o;y; kiwj;J itj;jpUe;j gzk; vz;zp ghh;j;;jnghJ U:/4.50.000- ,Ue;jjhft[k; jtW bra;J tpl;nlhk; vd czh;e;J jpUg;gp v$khdplk; bfhLj;J kd;dpg;g[ nfl;Ltplyhk; vd mij mg;gona ePjpkd;w hpf;fhh;L miwapy; itj;jjhft[k; gpd;dpl;L me;j gzj;ij ghh;j;jnghJ fhztpy;iy vdt[k; brhd;dij itj;Jk; ehDk; tp!;tehjid miHj;J bfhz;L v$khd; ma;ahtplk; ele;j tpguk; brhy;yp kd;dpg;g[ nfl;Lk; vg;goahtJ jpUg;gp gzk; KGtJk; bfhLj;J tpLtjhf brhd;ndhk;/ ,d;W 29/08/2003k; njjp cjtp Ma;thsh; ehkf;fy; mth;fs; tprhhpf;f ele;j tptuk; brhy;y vGjp goj;J ghh;j;njd; rhp tpguk; rhpahf brhd;ndd;/ Translated version of the above is as follows:
Statement given by V. Arulappan, age 62, S/o. Varadhappan, No.30 Arumugathan kuttai, A.K.E Road, Thiruchengode,Namakkal.
I am residing at No.30 Arumugathan kuttai Thiruchengode, Namakkal District, along with my family. My wife Sampoornam is a housewife. Iam an ex-service man. my son Balasubramaniam in working in the Allahabad bank at Erode. Daughter Jayalakshmi is residing with her husband at Gurusamypalayam and working as a teacher in private school. Son mumoorthy is at home pursuing B.E. Son viswanathan (27) has studied upto 10th standard. He is working as an office Assistant in the fast track court at Namakkal, and also as a car driver in the house of the Judge. Since he told me that, on 18/08/2003, at about 9.00 a.m, when the fast track court Judge was out of station, the wife of the Judge, for the educational expenses of their sons, had taken money in a yellow bag and kept the same in a zip bag and while leaving for Madurai, gave the bag from the house, to be placed in the car. Viswanathan, by mistake, unknowingly took the money, kept in the car seat, and when the wife of the Judge came to the car, he took her to bus stand, boarded her in the bus bound for Madurai, and gave the bag. Then when he came and counted the money concealed in the car seat, there was Rs.4,50,000/- and having realised that he had committed a mistake decided to return that to the Judge, and to seek apology and kept the entire amount in the record room in the Court, and that later, when he went to see the amount, it was found missing. I took Viswanathan to the Judge, told the incident that had taken place, sought for an apology and assured that we would somehow return the money. Today i.e 29/08/2003 on enquiry by the Sub-Inspector of police, Namakkal,I narrated the incident, and it was recorded. I read it over and found correct.
18. Mr.K.Nagarajan, the then Additional Public Prosecutor has also given a statement, which is as follows:
ehd; fle;j 1 1-2 tUl';fshf ehkf;fy; tpiut[ ePjpkd;wj;jpy; mordy; gg;spf; gpuhrpTl;luhf gzp bra;J bfhz;oUf;fpnwd;/ vdf;F brhe;j Ch; uhrpg[uk;/ ehd; gzpg[hpa[k; ePjpkd;wj;jpy; jpU/Jiurhkp mth;fs; ePjpgjpahf ,Ue;J tUfpwhh;/ jpUr;br';nfhl;il nrh;e;j tp!;tehjd; vd;gth; ,e;ePjpkd;wj;jpy; mYtyf cjtpahsuhft[k; ePjpgjp mth;fspd; fhh; Xl;Leuhft[k; ,Ue;J tUfpwhh;/ ,th; ePjpgjp mth;fspd; tPl;Lf;Fk; brd;W mt;tg;nghJ ePjpgjp mth;fSf;F cjtpahf rpWrpW ntiyfs; bra;J bfhLj;Jk; te;jhh;/ vd;gJ vdf;F bjhpa[k;/ fle;j 18/08/2013k; njjp ePjpgjp mth;fspd; kidtp Cuf;F g[wg;gl;L brd;wnghJ. mth;fs; itj;jpUe;j gzk; U:/4.50.000- I jpUotpl;ljhft[k; gpd; tprhuiz bra;j nghJ me;jg; gzj;ij jpUoaJ cz;ikbad;Wk; ePjpgjpapd; kidtpaplk; xg;g[f;bfhz;ljhft[k; jpUg;gp bfhLj;J tpLtjhft[k; brhy;ypapUf;fpwhd;/ me;j gzj;ij jpUoa gpd;g[ bfhz;L ngha; v';nfnah itj;Jk;. jpUg;gp vLf;fr; brd;wnghJ. me;j gzk; m';F ,y;iybadt[k;. fhzhky; ngha;tpl;lJ vd;Wk; mjdhy; gzj;ij jpUg;gpf; bfhLf;f mtfhrk; nfl;ljhft[k; nfs;tpg;gl;nld;/ Mdhy; tp!;tehjd; brhd;dgo gzj;ij jpUg;gpf; bfhLf;ftpy;iy/ mjdhy; 28/08/2003k; njjp ePjpgjpapd; kidtp jpUkjp/FUnjtp mth;fshy; ehkf;fy; nghyP!; !;nlrdpy; g[fhh; bfhLj;Js;shh;/ jh';fs; ,J rk;ge;jkhf tp!;tehjd; kPJ rh;td;l; bjg;l; (Servant Theft) tHf;F gjpt[ bra;J tprhuiz bra;jPh;fs;/ ,d;W 29/08/2003k; njjp jh';fs; ,J rk;ge;jkhf tp!;tehjida[k; mtuJ jfg;gdhh; mUsg;gida[k; tprhuiz bra;jPh;fs;/ tp!;tehjd; kPz;Lk; j';fs; Kd;g[ Fw;wj;ij xg;g[f;bfhz;L gzj;ij jUtjhf Twpdhd;/ mtdJ jfg;gdhUk; mt;thnw Twp gzj;ij jpUg;gp bfhLg;gjhf xg;g[ bfhz;lhh;/ vd;dplk; mtdJ jfg;gdhh; mUsg;gDk;. tp!;tehjDk; gzj;ij Vw;ghL bra;J bfhLg;gjhft[k; Twp. ePjpgjp ma;ah mth;fsplk; vLj;J brhy;yp kd;dpg;g[ th';fp ju brhd;dhh;fs;/ jpUr;br';nfhL Tl;lg;gs;spapy; cs;s tPl;il tpw;W tpl;L. me;j gzj;ij bfhz;L ePjpgjpf;F gzj;ij jpUg;gp jUtjhft[k; brhd;dhh;fs;/ j';fsplk; gzk; Vw;ghL bra;J je;JtpLtjhf vGjpf; bfhLj;Jtpl;L vd;Dld; te;jhh;fs;/ ehd; ePjpgjp mth;fsplk; mth;fis miHj;J brd;W tpguk; brhd;ndd;/ ePjpgjp mth;fSk; gzj;ij jpUg;gp bfhLj;jhy; nghJk; vd;W brhd;dhh;fs;/ jpUr;br';nfhL Tl;lg;gs;spapy; cs;s tPl;ow;F TNHB nryj;jpy; xU bjhif ghf;fpapUg;gjhft[k; me;j gzj;ij fl;otpl;lhy; xhp$pdy; gj;jpuk; je;JtpLthh;fs; vd;Wk; brhy;ypapUe;jhh;/ me;j gzj;ij bfhz;L ePjpgjpf;F tp!;tehjd; jpUoa gzj;ij jpUg;gp bfhLj;J tpl;lhy;. tHf;F nky; eltof;if Fwpj;J gpwF nahrpf;fyhk; vd;Wk; tp!;tehjDk;. mth; je;ij mUsg;gDk; Mnyhrid brhy;ypapUe;njd;/ vd;id ehkf;fy; fhty;epiya cjtp Ma;thsh; Mfpa eP';fs; tprhuiz bra;jPh;fs;/ ehd; ,e;j thf;FK:yk; brhd;ndd;/
19. On 02.09.2013, Arulappan, has given a complaint stating that both Viswanthan and himself came to Namakkal at 9.00 am, to seek for extension of time, for repayment of the amount and thereafter, he met the State Bank Manager, in Thiruchengode, returned to Namakkal bus stand, where he had requested his son, to wait. But, his son was not found there. On enquiry, he came to know that after he left his son at 9.00 am., in the bus stand for certain discomfort and illness, he had proceeded in a autorickshaw to Namakkal Government Hospital for treatment, and before reaching the hospital, he died. The complaint dated 02.09.2003, further reads that even before both of them started from their native place, his son had informed him that, he would not survive and he wished a good burial. The complainant suspected that his son would have consumed some poison or tablets, to end his life. The complainant has requested the police to conduct an enquiry and hand over his son's body. The said complaint has been registered as Cr.No.1249 of 2003 under Section 174. Copy of the complaint alongwith FIR is stated to have been sent to the Revenue Divisional Officer and other police officials. Relevant portion of the complaint submitted by Arulappan, father of the deceased is extracted.
////ehDk; vdJ kfid ,e;j jpUl;L tprakhf tprhhpj;njd;/ vd; kfDk; jpUoaij xg;g[f; bfhz;lhd;/ nkYk; mtDf;F bjhpe;j ,lj;jpy; kiwthf itj;jpUe;j nghJ ntW ahnuh me;j gzj;ij jpUof;bfhz;L ngha;tpl;lhh;fs;/ mjdhy; gzj;ij jpUg;gp bfhLj;Jtplyhk; mg;gh vd;W brhd;dhd;/ ehDk; me;j gzj;ij jpUg;gp bfhLj;Jtpl rk;kjk; bjhptpj;J fhy mtfhrk; nfl;oUe;njhk;/ ePjpgjp ma;ahtplKk; kd;dpg;g[ nfl;Lf; bfhz;L gzj;ij jpUg;gp bfhLj;J tpLtjhf brhy;yp ,Ue;njd;/ ,e;j gzj;ij jpUg;gpf; bfhLf;f vLj;j Kaw;rpfspy; fhyjhkjk; MdJ/ mjdhy; ,e;j tpraj;ij ePjpgjp ma;ahtplKk; brhy;yp fhymtfhrk; nfl;Ltpl;L nghf ehDk; vd; kfd; /////////// ,d;W fhiy ehd; vd; kfd; tp!;tehjDk; ehkf;fy; tUk; nghJ vd; kfd; kdk; btWj;J mg;gh ,dp ehd; gpiHf;f khl;nld; eP';fs; vd;id ey;ylf;fk; bra;J tpL';fs; vd;W brhd;dhd;/ vdf;F ,g;bghGJ re;njfkhf cs;sJ/ vd; kfd; jpl;lkpl;L ,d;W tPl;oy; g[wg;gLk; bghGnj vdf;Fk; vd; FLk;gj;jhUf;Fk; bjhpahky; Vnjh tpc& kUe;njh my;yJ khj;jpiunah rhg;gpl;L ,Ug;ghd; vd;W epidf;fpnwd;/ jd;id jhnd jw;bfhiy bra;J bfhs;s epidj;J tpc& bghUiz rhg;gpl;L tpl;L ,we;J ngha; cs;shd;/ vd; kfdpd; ,we;j cly; kPJ tprhuiz bra;J tpl;L rlyj;ij vd;dplk; ey;ylf;fk; bra;a[k; bghUl;L xg;gilf;Fk;go jhH;ika[ld; nfl;Lf; bfhs;fpnwd;/ nkw;go g[fhiug; bgw;W ehkf;fy; fhty; epiya Fw;w vz;/1249-2003 r-gp 174 F/tp/K/r?apy; tHf;F gjpt[ bra;Jk;. Kjy; jfty; mwpf;if mry; kw;Wk; thjpapd; g[fhu; ,izj;J fdk; mtu;fSf;Fk; kw;w efy;fis rk;ge;jg;gl;l mjpfhhpfSf;Fk; mDg;gp itj;njd;/ xg;gk; k/uh$d;
fhty; Ma;thsu;
ehkf;fy; fhty; epiyak;
ehkf;fy; Translated version of the above is as follows:
I also enquired my son, regarding this theft. My son also admitted that he had stolen. Further he told that when he had kept the money in a secret place known to him, some one had stolen the said money and gone and hence, we shall return the money father 'he said'. I also gave my consent to return the said money and sought for time. I apologized to the Judge and told the Judge that I shall return the money. There was delay in the attempt taken to return the said amount. Therefore, in order to inform this matter to the Judge and to request for time, my son Viswanathan, and I came to Namakkal today, i.e. 2/9/2003 at about 9.00 a.m., I told my son Viswanathan to stay at the bus stand at Namakkal in order to obtain atleast some money from a known person, I went to Thiruchengode, met the Manager of the State bank, spoke to him, made arrangements for the money and returned to Namakkal. I came to Namakkal bus stand today at 12.00 noon. I searched for my son Viswanathan at the place, where I had asked him to stay. My son Viswanathan was not there. I enquired with the known persons. Then I came to know that today after I had left my son in the bus stand at about 9.00 a.m., he had said that he was not well, boarded some autorickshaw, went to the Government hospital at Namakkal, to undergo treatment, and that on the way to hospital, he died owing to ill-health, and that the dead body of my son is presently in the mortuary of the Government hospital, Namakkal. Today morning, when my son Viswanathan, and I were proceeding to Namakkal, my son was disheartened and told that he would not survive and asked me to bury him. I have a suspicion now. I think that my son had already planned and consumed poison or tablets while leaving the house today without my knowledge or my family's knowledge. He had decided to commit suicide, consumed poison and died. I request you to conduct a inquest on the dead body, and to hand over the dead body to me for burial.
Yours obediently, Sd/- V.Arulappan 2/9/2003.
On receiving the aforesaid complaint, the Inspector of Police has recorded as follows:
I registered a case in Namakkal Police Station Cr.No.1249/2003 u/s.174 Cr.P.C. and sent the original copy of the F.I.R. and the complaint of the complainant to RDO and the other copies to the officers concerned.
Sd/-
M.Rajan Inspector of Police Namakkal Police Station, Namakkal 2/9/2003.
20. Upon registration of the Crime in Cr.No.1249 of 2003, a statement of Arulappan, has also been recorded. Mrs.Sampoornam wife of Arullappan, has also given a statement, portion of which is extracted hereunder.
///// mjd;go ,d;W 02/09/2003?k njjp fhiy vd; fztUk; vd; kfd; tp!;tehjDk; ePjpgjpia nehpy; re;jpf;f ehkf;fy; g[wg;gl;Lr; brd;whu;fs;/ vd; kfd; tPl;oy; ,Ue;J g[wg;gLtjw;F Kd;g[ vd;dplk; mk;kh ehd; bjhpahky; jg;g[ bra;Jtpl;nld;/ ehd; gpiHf;f tpUk;gtpy;iy/ vd;id eP';fs; ey;ylf;fk; bra;J tpL';fs; vd;W brhd;dhd;/ nkYk; new;W ,ut[ Tl mk;kh ehd; bja;tkhf nghfpnwd; vd;W Tlr; brhd;dhd;/ ehd; mtDf;F mWjy; brhy;yp mDg;gp itj;njd;/ mjd;gpd; kjpak; Rkhu; 12/00 kzpastpy; vd; fztu; nghd; bra;J vd; kfd; tp!;tehjd; ,we;J tpl;ljhft[k; mtd; tPl;oy; ,Ue;J g[wg;gLk;nghnj Vnjh tpc& bghUis rhg;gpl;L ,Uf;fyhk; vd;Wk; brhd;dhu;/ clnd g[wg;gl;L ehd; ehkf;fy; $P/vr;/ te;J vd; kfd; gpnujj;ij ghu;j;njd;/ vd; kfd; tp!;tehjd; gzk; jpUoa tpc&ak; mtDila mYtyf ChpaUf;Fk; v';fs; cwtpdu;fSf;Fk; bjhpa te;jhy; mtkhdk; jh';fhky; kdk; btWj;J Vnjh tpc& bghUs; rhg;gpl;L jw;bfhiy bra;J bfhz;ljhf bjhpfpwJ. Vd; kfd; gpnujj;jpd; kPJ gpnuj tprhuiz nkw;bfhz;L ehkf;fy; nghyP!; ,d;!;bgf;luhfpa eP';fs; vd;id tprhhpj;jPu;fs;/ Translated version of the above is as follows:
Accordingly, today. 2.9.2003, morning, my husband and my son Viswanathan, left for Namakkal to meet the Judge in person. Just before leaving the house, my son told me that unknowingly he had committed mistake, and he does not wish to live and asked us to bury him. Further, even last night he stated, "Mother, I am going to become God". I consoled him and sent him. Thereafter, at about 12.00 noon, my husband called me over telephone and told that my son Viswanathan had died and that he would have consumed some poison, while leaving the house. Immediately, I left and reached G.H., Namakkal and saw the dead body of my son. It seems that, since the employees in the office and our relatives came to know that my son Viswanathan had stolen money, he was disheartened and unable to bear the disgrace, he committed suicide by consuming some poison. You, the Inspector of Police, Namakkal, conducted inquest on the dead body of my son and enquired me.
21. One Mr.Manikandan, son of Rangasamy, Auto driver, who had taken the deceased Viswanathan to the hospital, has given the following statement.
,d;W 02/09/2003?k; njjp fhiy 9/00 kzpastpy; ehd; ehkf;fy; lt[Df;Fs; rthhpf;fhf nghndd;/ ehkf;fy; g!; !;lhz;L rKpgk; nghFk;nghJ vd;id xU Ms;. ,g;bghGJ ,';F ,Uf;Fk; nrhK vd;gtu; vd; Ml;nlhit epWj;jp. M!;gj;jphp tiu nghfDk; vd;Wk;. ehd; Ml;nlhtpy; mtiua[k;. mtUld; ,Ue;j Misa[k; Vw;wpf; bfhz;lnld;/ ,e;j nrhKt[ld; Ml;nlhtpy; Vwpa egu; kPJ g{r;rp kUe;J thil moj;jJ/ Vnjh kUe;J nf!; vd;W bjhpe;J bfhz;nld;/ M!;gj;jphpf;F nghFk; tHpapy; kUe;J Foj;J ,Ue;jthplk; ve;j Cu; vd;W ,tu; (nrhK) nfl;lhu;/ ehd; jpUr;br';nfhL vd;W brhd;dhu;/ ehd; Ml;nlhit murh';f M!;gj;jphpf;F Xl;o nghndd;/ nrhK ,';F ,we;Jngha; ,Uf;Fk; egiu ifjh';fyhf Tl;of;bfhz;L mtrurpfpr;ir gphpt[f;Fs; nghdhu;/ M!;gj;jphpapy; lhf;lu; ghpnrhjpj;Jg; ghu;j;J tpl;L rpfpr;ir bra;jhu;/ mg;bghGnj mtu; ,we;J tpl;lhu; vd;Wk; lhf;lu; brhd;dhu;/ ,we;J ngha; ,Uf;Fk; ,tiu lhf;lu; ghu;j;J tpl;L kUe;J rhg;gpl;L ,Uf;fpwhu; vd;W brhd;dhu;/ gpd;g[ gpnuj fpl';fpw;f;F bfhz;L nghfr; brhy;yp tpl;lhu;/ vd; bgau; tpyhrj;ij nfl;L vGjpdhu;/ nrhK bgau; tpyhrj;ija[k; nfl;L vGjpf; bfhz;lhu;/ ehd; gpwF ngha; tpl;nld;/ vd;id ,g;bghGJ eP';f fz;Lgpoj;J Tg;gpl;L ,we;Jngha; ,Uf;Fk; egiu fhl;o milahsk; ghu;f;f brhd;dP';f. ehd; milahsk; ghu;j;J brhd;ndd;/ vd;Dila Ml;nlhtpy; ,d;W fhiy Vwp te;j egu; ,tu; jhd; ,tu; jpUr;br';nfhL fhuu; vd;Wk; ehkf;fy; nfhu;l;oy; ntiy bra;fpwhu; vd;Wk; gzk; jpUo tpl;lhu; vd;Wk; mtkhdkhf ,Ue;jjhy; tpc&k; rhg;gpl;L tpl;L ,we;J tpl;lhu; vd;Wk;. jw;bfhiy bra;J bfhz;lhu; vd;Wk; gpnuj tprhuizapd; nghJ eP';fs; tprhhpf;f ehd; bjhpe;J bfhz;nld;/ eP';fs; vd;id tprhuiz bra;jPu;fs;/ ehd; ,e;j thf;FK:yk; brhd;ndd;/ Translated version of the above is as follows:
Today, (ie.,)2/9/2003, at about 9.00 a.m., I went to Namakkal town for hiring passengers. When I was going near Namakkal bus stand, a person, one Somu, who is here at present, stopped my autorickshaw, and told that he has to go to hospital, and I took him and the person along with him in the autorickshaw. Pesticide odour emanated from the person, who had boarded the autorickshaw, along with the said Somu. I understood that it was some poison-case. On the way to the hospital, he (Somu) asked the person, who had consumed poison, as to which town he belongs to. He told that he was from Tiruchengode, I drove the autorickshaw to the Government Hospital, and Somu took the deceased person, holding him with his hand in a supporting manner to the emergency ward in the hospital. The doctor, after examining him gave him treatment. The doctor told that he was dead at that time. After seeing the deceased, the doctor told that he had consumed poison. Then he said 'take him to mortuary'. He asked for my name and address and noted it down. He also asked the name and address of Somu and noted it down. Then I left. Presently, you have traced and called me and showed the deceased to cause identification. I identified him. I told that he was the person, who boarded my autorickshaw, today morning. I came to know from your inquest that he hails from Tiruchengode, he was employed in the Court at Namakkal, that he had stolen money, and out of sently, you have traced and called me and showed the deceased to cause identification. I identified him. I told that he was the person, who boarded my autorickshaw, today morning. I came to know from your inquest that he hails from Tiruchengode, he was employed in the Court at Namakkal, that he had stolen money, and out of humiliation, he consumed poison and died. He had committed suicide. You enquired me and I gave this statement.
Sd/-
M.Rajan Inspector of Police, Namakkal 2.9.2003.
22. Another person by name Mr.Somu, has given the following statement under Section 161 (3).
ehd ehkf;fy; lt[d;. gukj;jp nuhl;oy; mz;zhefhpy; vd; Flk;gj;Jld; trpj;J tUfpnwd;/ Typntiy bra;J gpiHj;J tUfpnwd;/ ,d;W fhiy 02/09/2003?k; njjp Rkhu; 09/00 kzpf;F ehd; ehkf;fy; g!;?!;lhz;L rkPgk; ngha;f; bfhz;L ,Ue;njd;/ mg;nghJ Rkhu; 27 taJ kjpf;f Toa xU egu; tapw;iw mGj;jp goj;Jf; bfhz;L. Vd;id Tg;gpl;L mz;nz xU Ml;nlh goj;Jf; bfhL';f. M!;gj;jphpf;F nghfDk;D brhd;dhu;/ ehd; me;j tHpahf lt[Df;Fs; te;j xU Ml;nlhit epWj;jp me;j igaid M!;gj;jphpf;F mDg;gpndd;/ clk;g[f;F Koahky; ,Ue;jjhy;. mtu; nfl;Lf; bfhz;ljhy; ehDk; mtUld; Ml;nlhtpy; Vwp ehkf;fy; murh';f M!;gj;jphpf;F Tl;of; bfhz;Lk; nghndd;/ ehd; mtUld; nghFk; nghnj mtu; kPJ g{r;rpkUe;J thil moj;jJ/ eP';f ve;j CU vd;W nfl;nld;/ ehd; jpUr;br';nfhL vd;W brhd;dhd;/ Ml;nlhthpy; nghf nghfnt kaf;fkhf ,Ue;jhu;/ M!;gj;jphpf;F ngha; ,w';fp nghFk; nghJ vd; ifia gpoj;Jf bfhz;L te;jhu;/ lhf;lu; mtiu ghpnrhjpf;Fk;nghJ capUld; jhd; ,Ue;jhu;/ gpd;g[ itj;jpak; bra;a Kw;gLk; nghJ ,we;J tpl;lhu;/ ,we;J tpl;ljhf lhf;lu; brhd;dhu;. vd; bgau; tpyhrj;ij lhf;lu; nfl;lhu;. brhd;ndd;/ Ml;nlh oiutu; bgaiua[k; nfl;lhu;/ mtWk; kzp vd;W bgau; brhd;dhu;/ lhf;lu; g{r;rpkUe;J rhg;gpl;Lj; jhd; vd;W kl;Lk; brhd;dhu;/ gpwF Ml;nlhfhuu; ngha;tpl;lhu;/ gpwF vd;id miHj;J te;J tprhhpj;jPu;fs;/ ehkf;fy; $P/vr;/?y; ,we;J nghapUe;j egiu milahk; fhl;o vd;id tprhuiz bra;jPu;fs;/ ehd; Ml;nlhtpy; M!;gj;jphpf;F Tl;ote;j egu; ,tu; jhd; jw;bghGJ tprhuizapy; ,tu; gzk; jpUoaJ rk;ge;jkhf mtkhdk; jh';fhky; g{r;rpkUe;J rhg;gpl;L ,we;J tpl;lhu; vd;W bjhpe;J bfhz;nld;/ vd;id trhhpf;f ,e;j tpguk; brhd;ndd;/ Translated version of the above is as follows:
161(3) Cr.P.C. Statement of Somu (47), S/o.Maran, Anna Nagar, Paramathi Road, Namakkal.
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I am residing in Anna Nagar, Paramathi Road, Namakkal town. I am eking my livelihood by doing coolie work. Today ie., 2/9/2003, at about 9.00 hrs., I was going near Namakkal bus stand. At that time, a person, aged about 27 years, pressing his stomach tightly, called me and asked me to get an autorickshaw to go to hospital. I stopped an autorickshaw, which came to town through that route, and sent the said boy to the hospital. Since he was not well, and as he had requested, I also boarded the autorickshaw, along with him and took him to Government hospital, Namakkal. When I accompanied him, pesticide odour emanated from him. I asked him as to which town, he belonged to. He replied that he was from Tiruchengode. He was not conscious while proceeding in the autorickshaw. When we alighted at the hospital, he came holding my hand. When the doctor examined him, he was alive. Then, when attempts were made to give him treatment, he died. Doctor declared him dead. Doctor asked for my name and address. He also asked for the same of the driver of the autorickshaw. He told him that his name was Mani. Doctor only said, "consumption of pesticide". Then, the driver of the autorickshaw, left. Thereafter, you brought me and enquired. You showed the person who died in Government Hospital, Namakkal, and enquired me. He was the person, whom I had brought to the hospital, by autorickshaw. Presently, I came to know that he had stolen money, and out of humiliation, he had consumed pesticide and died. When I was enquired, I narrated these details.
Sd/-
M.Rajan Inspector of Police, Namakkal 2.9.2003.
23 Sanitary worker, Mr.C.Rajasekaran, attached to Namakkal Government Hospital, also stated that when he took Viswanathan to Hospital, there was smell of pesticide. Postmortem certificate conducted on the body of Viswanathan, reads as follows Appearances found at the post-mortem moderately nourished male body lies on its back RM present in both upper and lower limbs. No external injuries. Black patchy discoloration present over the andeior abdominal wall. Head skull wall intact membrane intact, Brain matter intact. Base of skull intact. Thorax: Thoracic cage intact. Heart: Chomber empty Hyoid bone intact. No fracture of ribs abdomen liver intact. Liver appears blackish brown colour stomach: contains grayish fluid 200 ml in the stomach and peculiar odour. Spleen: intact c/s congested. Kidney: intact c/s congested. Intestine: dislended of gas bladder: Empty. Viscera preserved:- (1) Stomach and its contents (2) Inteibrl contents (3) Liver (4) kidney (5) Blood (6) Hyoid bone. Opinion: The deceased would appear to have died about 6 to 10 hours prior to P.M. and opinion recording cause of death is reserved for pending chemical and Forensic examination of Viscera preserved sd:M.Thirumozli Dr.M.Thirumozli Final Opinion:
1.Bone case report w:226/03 dated 17.09.2003 O/o. District Police Surgeon, Salem.
2.RT 2058/03 TOX.H.1511/2003 dated 30.09.2003 O/o. Regional Forensic Science Lab, Coimbatore.
I am of opinion the deceased would appear to have died of Aluminium Phosphide Poison.
24. Dr.Thirumozhi, who conducted the postmortem has given the following statement.
I am the Civil Assistant Surgeon in Govt. Hospital, Namakkal on 02.09.03 at 4.50 p.m., I received requisition from Inspector of Police, Namakkal in connection with Namakkal P.S.C.No.1249/2003 u/s. 174 Cr.P.C. I conducted autopsy over the deadbody of the deceased Viswanathan aged about 27 years. R.M. Present in both upper and lower limbs. No external injuries, Black patchey discolouration present over the anterior abdominal wall. Head skull wall intact. Memborance intact. Brain matter intact. Baseof skull intact. Thorax: Thoracic cage intact. Heart chamber empty. Hyoid bone intact. No fracture libs. Abdomen, liver intact. Liver appears blackish brown colour. Stomach: contains grayish fluid 200 ml in the stomach and peculiar odour. Spleen intact, c/s congested, kidney intact. C/s congested. Intestine: dislended of gas, Bladder empty. Viscera preserved:- (1) Stomach and its contents (2) Inteibrl contents (3) Liver (4) kidney (5) Blood (6) Hyoid bone. So far I am of the opinion that the deceased would appear to have died about 6 to 10 hours prior to p.m. by means of poison and final opinion regarding cause of death is reserved for pending Chemical and forensic examination of viscera preserved and issued post mortem report in this regard. To-day I was examined by the Inspector of Police, Namakkal.
Sd. M.Rajan, Inspector of Police, Namakkal P.S. 6.9.2003
25. Viscera report dated 30.09.2013, is as follows:
1.Stomach and its contents.
Detected Aluminium Phosphide and two hundred and twenty eight 228 mg. Of ethyl alcohol
2.Intestine and its contents Did not detect Aluminium Phosphide or ethyl alcohol.
3.Liver Did not detect Aluminium Phosphide or ethyl alcohol.
4.Kidney Did not detect Aluminium Phosphide or ethyl alcohol.
5.Blood Did not detect Aluminium Phosphide or ethyl alcohol.
6.Preservative.
Did not detect Aluminium Phosphide or ethyl alcohol.
26. After receiving the Viscera report, Dr.M.Thirumozhi, Civil Assistant Surgeon who gave the postmortem certificate, has opined as follows:
The Chemical Examiner's report Rt.2058/03 Tox.H.1511/2003 dated 30.09.2003 disclosed that aluminium phosphide and two hundred and twenty eight mg. Of ethyl alcohol detected in the stomach and its contents. With these observations I am of opinion that the deceased would appear to have died of Aluminium Phosphide poisoning. I have issued necessary certificate in this regard.
27. Though, the petitioner has contended that the said Viswanathan was tortured and beaten to death, the postmortem report, dated 30.09.2003 does not indicate any internal or external injuries. Both the postmortem and viscera reports, clearly indicate that the deceased had consumed Aluminium Phospide. The report dated 30.09.2003, clearly reads that 228 mg. of ethly alcohol was present in the stomach.
28. Though, the petitioner in the supporting affidavit, has alleged torture, physical assault by the police, no criminal complaint has been lodged against any individual. As stated supra, even the Additional Public Prosecutor, Mr.K.Nagarajan, has been examined. The deceased was a Court staff. Enquiry conducted by the police, on the complaint of the wife of the then judicial officer, is found in the records. After conducting an investigation, a report dated 30.09.2003, has been submitted to the Revenue Divisional Officer, to drop further action, in Cr.No.1249 of 2003, registered under Section 174 Cr.P.C.
29. Report submitted, in respect of crime No.1225 of 2003, registered against A.Viswanathan under Section 381 IPC reads as follows:
FINAL REPORT Submitted:
To The Judicial Magistrate No.I. Namakkal.
Madam Accused: A.Viswanathan (27) S/0. Arulappan, Office Assistant cum Driver, Office of the FTC, Namakkal Sub: Cases Crime Servant Theft Charge Abets Further action Dropped Report Submitted Reg.
Ref: Namakkal P.S. Cr.no.1225/03 u/s. 381 IPC xxxx I submit that on 28.8.2003 at 0645 hours one Gurudevi w/o. Mr.Duraisamy, Hon'ble Judge, Fast Track Court, Namakkal, has appeared before Namakkal P.S. and presented a written complaint stating that the marginally noted acccused has committed theft of Rs.50,000/- from his house, which was meant for her sons education. Also it was requested that to take action and to recover the amount.
On the strength of the above report the above referred case was registered against the marginally noted accused Viswanathan and during the course of investigation, on 29.8.2003 it was revealed through the version of the said accused Viswanathan that he has taken away the amount, sum of Rs.4,50,000/- belonging to the complainant. Further, he assured to release the entire amount, for which his father was also conceded with moral responsibility.
In that juncture immediate arrest could not be effected as the father of the accused and the accused Viswanathan were assuring for the realisation of the stolen amount, for which the complaint Gurudevi and her husband Duraisamy (who is a sitting judge in the Fast Track Court, Namakkal) were also insisting upon.
In the meanwhile on 2.9.2003 at 1230 hours the father of the accused Viswanathan, has preferred a written complaint before Namakkal Police to the effect of his son Viswanathan's death. On the said complaint, a case in Namakkal PS Cr.No.1249/2003 u/s 174 Cr.P.C. case was registered and investigated. Investigation further reveals that the said accused Viswanathan has consumed poison and committed suicide.
In the above circumstances, it is submitted that the case registered against him, which pending before this Hon'ble Court in the FIR stage without progress. Keeping the case under investigation will not serve the purpose. The accused of this case was already expired, so the charges will be abated.
Therefore it is submitted that the further active of this case is being dropped as the charge is being abate.
Therefore it is prayed that this Hon'ble court may be pleased to accept this final report and treat the case as such and thus render justice.
INSPECTOR OF POLICE, NAMAKKAL P.S.
30. Final report in Cr.No.1249 of 2003 is as follows:
,Wjp mwpf;if ehkf;fy; fhty; epiya Fw;w vz; 1249/2003 gphpt[ 174 rp//Mh;/gp[/rp/ fle;j 02/09/03?e;njjp gfy; 12/30 kzpf;F jpUr;br';nfhL No.30, AKE nuhL. No.1 tujg;gd; kfd; mUsg;gd; vd;gth; epiyak; M$uhfp bfhLj;j g[fhhpy;. jhd; jpUr;br';nfhl;oy; jd; FLk;gj;Jld; FoapUe;J tUtjhft[k;. jhd; Kd;dhy; uhQqt tPuh; jw;rkak; jpUr;br';nfhl;oy; brhe;jkhf fhh; itj;J thliff;F Xl;o tUtjhft[k;. jd; 3tJ kfd; tp!;tehjd; gj;jhk; tFg;g[ tiu goj;J tpl;L Rkhh; xU tUlkha; ehkf;fy; tpiut[ ePjpkd;wj;jpy; O.A. Mf ntiy bra;J bfhz;L ePjpgjpapd; fhh; oiutuhf ntiy bra;J tUtjhft[k;. fle;j 18/02/03k; njjp ehkf;fy; tpiut[ ePjpkd;w ePjpgjp mth;fspd; Jiztpahh; mth;fSila R{l;nf!py; itj;J ,Ue;j gzk; UP/4.50.000? jd; kfd; jpUotpl;ljhf bjhpe;J ePjpgjp mtid tprhuiz bra;Js;shh; vdt[k;. tp!;tehjd; ePjpgjpaplk; nkw;go gzj;ij jpUoaJ cz;ik vd xg;g[f;bfhz;ljhft[k;. mij jhd; xU ,lj;jpy; kiwj;J itj;Js;sjhft[k;. jd; kfd; gzk; jpUoaJ tpcoakhf nghyP!py; tp[rhuiz bra;jjhft[k;. jhDk; jd; kfDk; tp[rhuizf;F fle;j 28/08/03?Mk; njjp M$h; Mdjhft[k; jhDk; jd; kfid ,e;j jpUl;L tpcoakhf t[prhhpj;jjhft[k;. jd; kfDk; jpUoaij xg;g[f; bfhz;ljhft[k;. nkYk; mtDf;F bjhpe;j ,lj;jpy; kiwtha itj;jpUe;j nghJ ahnuh me;j gzj;ij jpUof; bfhz;L ngha;tpl;lhu;fs; vdt[k;. mjdhy; gzj;ij jpUg;gp bfhLj;J tplyhk; mg;gh vd;W jd; kfd; brhd;djhft[k;. mjw;F fhy mtfhrk; nfl;ljhft[k;. ePjpgjp ma;ahtplKk; kd;dpg;g[ nfl;Lf; bfhz;L gzj;ij jpUg;gp bfhLf;f vLj;j Kaw;r;rpfspy; fhyjhkjk; Mdjhft[k; mjdhy; me;j tpraj;ij ePjpgjp ma;ahtplk; brhy;y fhy mtfhrk; nfl;Ltpl;L nghf jhDk; jd; kfDk; 02/09/03 Mk;njjp fhiy Rkhu; 9 kzpf;F ehkf;fy; te;jjhft[k;. jd; kfd; tp!;tehjd; ehkf;fy; g!; !;nld;oy; ,Uf;fr; brhy;yptpl;L kPz;Lk; jdf;F bjhpe;j xUthplk; bfh";rkhtJ gzk; th';fpf;bfhz;L nghfyhk; vd;W jpUr;br';nfhL ngha; !;nll; ng';fpd; nknd$iu ghu;j;J ngrptpl;L gzk; Vw;ghL bra;J jpUk;gp ehkf;fy; te;jjhft[k;. gpd; kjpak; 12 kzpf;F ehkf;fy; g!;!;nld;oy; te;J jd; kfd; tp!;tehjid epw;f;f brhd;d ,lj;jpy; njog;ghu;j;jjhft[k;. jd; kfd; fhztpy;iy vd jdf;F bjhpe;jtu;fsplk; nfl;L tprhuiz bra;jhu;/ gpwF fhiy 9 kzp RkhUf;F jhd; jd; kfid g!; epiyaj;jpy; tpl;L tpl;L brd;w gpd;g[ mtDf;F cly; epiy rhpapy;iy vd brhy;y Vnjh xU Ml;nlhtpy; Vwp ehkf;fy; muR kUj;Jtkidapy; ngha; rpfpr;ir bra;j bfhs;s brhd;djhft[k; M!;gj;jphpf;F nghFk; tHpapnyna clk;g[f;F Koahky; ,we;J tpl;lhd; vd;Wk; jw;rkak; jd; kfdpd; rlyk; ehkf;fy; muR kUj;lJtkidapy; gpnuj rtf;fpl';fpy; ,Ug;gjhf bjhpe;J bfhz;ljhft[k;. ,d;W fhiy jhd; jd kfd; tp!;tehjDk; ehkf;fy; tUk; nghJ jd; kfd; kdk; btWj;J mg;gh ,dp jhd; gpiHf;f khl;nld; eP';fs; jd;id ey;ylf;fk; bra;JtpL';fs; vd brhd;djhft[k;. jdf;F ,g;bghGJ re;njhrkhf cs;sJ vdt[k; jd; kfd; jpl;lkpl;L md;W tPl;oy; Vnjh tpc& kUe;njh my;yJ khj;jpiunah rhg;gpl;L ,Ug;ghd; vd jhd; epidg;gjhft[k; jd;id jhnd jw;bfhiy bra;J bfhs;s epidj;J tpc& bghUis rhg;gpl;L ,we;J ngha; cs;shd;/ vdnt jd; kfdpd; ,we;j cly; kPJ tprhuid bra;Jtpl;L rlyj;ij jd;dplk; ey;ylf;fk; bra;a[k; bghUl;L xg;gilf;Fk;go jhH;ika[ld; nfl;Lf; bfhs;fpnwd; vd thjp bfhLj;j g[fhhpd; nghpy; ehkf;fy; fhty; epiya Fw;w vz;/1249-03 gphpt[ 174 rp/Mu;/gp/rp Mf tHf;F gjpt[ bra;ag;gl;lJ/ vdnt ,t;tHf;fpy; rk;gt ,lj;ij ghu;itapl;ljpy; ,Ue;Jk; rhl;rpfis tprhuid bra;jjpy; ,Ue;Jk;. kUj;Jthpd; mgpg;uhaj;jpy; ,Ue;Jk;. urhad tHp nrhjid mwpf;ifapy; ,Ue;Jk;. tp!;tehjd; jhd; jpUoa tpc&ak; jd; mYtyf Chpau;fSf;Fk; jd; cwtpdu;fSf;Fk; bjhpate;jhy; mtkhdk; jh';fhky; jw;bfhiy bra;J bfhs;s Kot[ bra;J 02/09/03 njjp fhiy mtd; tPl;oy; ahUf;Fk; bjhpahky; ehkf;fy;Yf;F te;Js;sjhf bjhpfpwJ/ vdnt nkw;go mYkpdpak; gh!;igL tpc& kUUe;J rhg;gpl;L jdf;Fjhnd jw;bfhiy bra;J bfhz;L tp!;tehjd; ,we;J ngha;a[s;shd; vd bjs;sj; bjspthf bjhpfpwJ/ vdnt tp!;tehjdpd; ,wg;gpy; ntW re;njfk; vJt[k; ,y;iy vd;Wk; btspg;gilahf bjhpatUtjhy; ,t;tHf;fpd; nky; eltof;if iftplg;gl;L (Further action dropped) ,Wjp mwpf;if rku;g;gpf;fg;gLfpwJ/ ,Wjp mwpf;if efy; ,j;Jld; ,izf;fg;gl;Ls;sJ/ ,j;Jld; ,t;tHf;F ehl;fwpg;g[ Kot[w;wJ/ fhty; Ma;thsu;
ehkf;fy; fhty; epiyak;
31. Files produced by the police indicate that on the complaint made by Mrs.Sampoornam, mother of the deceased, notice has been sent by the Chair person, National Commission for Women, New Delhi, pursuant to which, the Director General of Police, Chennai4, has directed the Commissioner of Police/Superintendents, to attend the hearing, before the National Commission for Women, New Delhi. Serial No.12 in the Annexure to the letter of Director General of Police, Chennai dated 23.10.03, pertains to the allegation of arrest for theft of Rs.50,000/- and torture, at the residence of the Fast Track Court Judge. The details contained in the notice reads as follows.
Sl.No.12, Date: 27.8.2003 to 02.09.2003 Victims name and Address
(i)Ms.Sampoornam,W/o.Arulappan, AKE Road No.1, Thiruchengode, Namakkal Dist. (Ph.04288-254784)
(ii)Mr.Arulappan, AKE Road No.1, Thiruchengode, Namakkal Dist. (Ph.04288-254784) Mr.Viswanathan S/o. Arulappan & Ms. Sampoornam was working as an Office Assistant cum Driver to the Fast Track Court Judge on 18.8.2003. He was arrested on a theft case of Rs.50,000/- and tortured in the residence of the Fast Track Court Judge and the Namakkal Town Police Station. They also tortured and abused the victim mother Mrs.Sampoornam at the Town Police Station, Namakkal Person to be summoned
(i) Mr.Rajan, Inspector of Police, Namakkal Town Police Station, Namakkal, Namakkal District To appear and explain his version to the allegation and produce the GD in the (i) FIR, registered against Viswanathan in Namakkal town police station on a complaint from the wife of Mr.Doraisamy.
(ii) FIR registered u/s.174, Cr.P.C. In Namakkal Town Police Station on the suspicious death of Mr.Viswanathan
(ii) Mr.Kandasamy, Sub-Inspector of Police, Namakkal Town Police Station, Namakkal, Namakkal District (tel:04286-231901) To appear and explain his version to the allegations
(iii) Mr.Velayutham, Dy. Supdt. Of Police, Namakkal, Namakkal District.
To appear and explain his version to the allegations
(iii) Mr.Jeyaraman Superintendent of Police, Namakkal, Namakkal District, (Tel:04286-276560 276430)
- To serve summons on all police even if they are transferred and also appear in person.
- To also explain what information has been sent by him to the NHRC
32. The action taken by the Commission to which mother of the deceased made a representation and the orders passed thereon and furnished by learned Government counsel, are reproduced hereunder.
A petition has been received from Smt.Sarala alleging that her husband was taken away by the police on 9.8.98 and brutally beaten at the police station. He was sent to hospital for treatment on 10.8.98 where he succumbed to injuries. She approached the Dy.Suptd. Of Police but no action was taken against the erring police officials. She has prayed for action against the delinquent police officials and compensation for causing death of her husband in police custody. In response to the notice, a report was received from Secretary (Law & Order) department, Govt. of Tamilnadu stating that an inquiry was conducted by the Sub Collector, Vellore and it was found that the deceased was remanded by the judicial Magistrate in Case Cr.No. 224/98 and was admitted in the Sub-jail, Gudiyatham as Remand Prisoner on 9.8.98. He was a liquour in the jail. He was admitted in Govt. hospital on 10.8.98 where he died on 12.8.98, without responding to the treatment. No external or internal injury on his body was found in the post-mortem report, it was opined by the medical officers, who conducted post-mortem and chemical analysis that the death had occurred due to Encephalopathy with cardiac respiratory arrest. The Sub-Collector, on the basis of the opinion of Medical Officers concluded that death of the prisoner was due to mental disorder with cardiac arrest and no foul play was suspected in the case. The Govt. after examining the injury report carefully alongwith recommendation of the Collector had accepted the findings of Inquiry Officer. The report is taken on record and the case is closed.
33. From the reading of the entire file and the material on record, it could be deduced that the deceased had consumed poisonous substance and died. There was no internal or external injuries, indicating torture. The postmortem conducted has been videographed, as per the guidelines of the National Human Rights Commission, New Delhi and nothing incriminating has been found out. The National Commission, has closed the case, accepting the case of the respondents. Parents themselves have given statements that their son Viswanathan, might have consumed poison. No criminal complaint has S.MANIKUMAR, J., ars been lodged in the Court. The allegations made in the supporting affidavit are not substantiated, warranting any directions and hence, this Court is constrained to dismiss the writ petition. No costs.
03.06.2014 Index: Yes/No Internet: Yes/No ars To
1. The Secretary to Government, State of Tamil Nadu, Public Department, Fort St. George, Chennai 9.
2. The Director General of Police, Government of Tamil Nadu, Chennai 4.
3. The Superintendent of Police, Namakkal District, Namakkal.
4. The Registrar General, High Court, Chennai 104.
5. The State rep. by Inspector of Police, Namakkal Police Station, Namakkal W.P.No.26800 of 2003