Madras High Court
Arumugakonar vs The Superintendent Of Police on 11 April, 2017
Author: P.N.Prakash
Bench: P.N.Prakash
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2017 CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.4235 of 2017 Arumugakonar : Petitioner -Vs- 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Pappakudi Police Station, Tirunelveli District. (Crime No.171 of 2016). : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the respondents to alter the First Information Report in Crime No.171 of 2016 on the file of the second respondent from the offence under Section 304(A) IPC to an offence under Section 302 IPC with other offences and further, direct the respondents to conduct impartial investigation in accordance with the Criminal Procedure Code. !For Petitioner : Mr.J.Ashok For Respondents : Mr.K.Anbarasan, Government Advocate (Crl.side) :ORDER
On the complaint lodged by the petitioner, the respondent police registered a case in Crime No.171 of 2016 under Section 304(A) of the Indian Penal Code and now, the petitioner is before this Court for transfer of investigation.
2. The deceased in this case is one Jeyapaul, who is the son of the petitioner/defacto complainant. On 04.10.2016, around 09.15 p.m., the petitioner received information that his son had fallen of the bike and on coming to know of this, when the petitioner went to the place of occurrence, he found that his son was lying on the road and the motorbike driven by him was by his side. People had already gathered there. Ambulance was summoned and Jeyapaul was rushed to the hospital, where he was pronounced dead. As stated above, on the complaint given by the petitioner, the First Information Report was registered as above. The First Information Report was registered for offence under Section 304(A) of the Indian Penal Code. Thereafter, Jeyapaul's wife Haribala has sent a representation dated 31.10.2016 to the senior police officers alleging that one Masanam, Sudalaimuthu, Muthukumar and Subramanian had caused the death of Jeyapaul and sought for a fair investigation.
3. Heard Mr.J.Ashok, learned counsel for the petitioner and Mr.K.Anbarasan, learned Government Advocate (Criminal side) appearing for the respondents.
4. The learned Government Advocate (Criminal side) submitted that thorough investigation was conducted by the police and it was found that Jeyapaul had fallen of his bike and had sustained injuries, which resulted in his death and that there is no foul play in that.
5. Per contra, the learned counsel for the petitioner placed reliance on the post-mortem certificate and submitted that the deceased Jeyapaul suffered several head injuries.
6. This Court gave its anxious consideration to the rival submissions.
7. The learned counsel for the petitioner has merely relied upon the opinion as to the cause of death given in the post-mortem report without properly appreciating the averments in the earlier paragraphs, which reads as follows:
"THE FOLLOWING ANTE-MORTEM INJURIES WERE NOTED:
1) Abrasions : 3 x 2 cm on left side of forehead, 3x2 cm on outer to left eye, 10x8 cm on left shoulder, 9 x 6 cm on left arm, 4 x 3 cm on left elbow, 5 x 4 cm on left knee, 2 x 1 cm on left ankle, 1 x 1 cm on left 5th toe, 5 x 3 cm on right knee, 2 x 2 cm on right ankle.
ON DISSECTION OF HEAD: Scalp contusion of size 12 x 10 cm noted on left side of head. About 8 cm length fracture noted on left temporal-parietal bone. About 20 gm of sub-dural haematoma noted on right temporal-parietal lobes. Massive subdural and subarachnoid haemorrhage noted on both cerebrums. Middle cranial fossa found fractured in its left side.
OTHER FINDINGS: Peritoneal cavity and pleural cavities: appear normal. Heart: appears normal and coronary vessels are patent. Hyoid bone: Intact. Stomach: contains about 300 gm of partly digested cooked rice particles with nil specific smell and mucosa congested. Small Intestine: contains about 100 gm of partly digested cooked rice particles with nil specific smell and mucosa congested.
Lungs, Liver, Spleen and Kidneys: appear normal, c/s congested. Bladder: empty.
OPINION AS TO THE CAUSE OF DEATH: THE DECEASED WOULD APPEAR TO HAVE DIED OF COMPLICATIONS OF HEAD INJURY."
8. A reading of the post-mortem report shows that there was no external head injury found on the body of the deceased Jeyapaul. Only on dissection of the head, a scalp contusion has been noted. There has also been haemorrhage noted on both the cerebrums, which means that he had suffered head injuries inside due to the fall from the bike. However, the respondent police is directed to file the closure report, if any, before the Jurisdictional Magistrate and liberty is given to the petitioner to file a protest application, if so advised. Whatever observed above is only for the limited question of deciding this petition.
9. In the result, this Criminal Original Petition stands dismissed.
To
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Pappakudi Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..