Kerala High Court
Karumban vs State Of Kerala on 14 July, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 30TH DAY OF JULY 2014/8TH SRAVANA, 1936
WP(C).No. 10380 of 2014 (V)
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PETITIONER(S):
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KARUMBAN, AGED 60 YEARS,
S/O.VAYARONI, METHANATHUPARAMBIL HOUSE,
WEST VENGOLA P.O., PERUMBAVOOR, PIN-627 960.
BY ADV. SMT.MINI.V.A.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY SECRETARYTO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM-695 001.
3. THE DISTRICT POLICE CHIEF,
ERNAKULAM-31.
4. THE SUB INSPECTOR OF POLICE,
THRIKKAKARA POLICE STATION, PIN-682 030.
5. THE INSPECTOR, CRIME BRANCH,
ERNAKULAM-31.
BY SRI.P.VIJAYARAGHAVAN, STATE ATTORNEY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30-07-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 10380 of 2014 (V)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 - TRUE COPY OF THE FIR IN CRIME NO.1120/2012 OF
THRIKKAKARA POLICE STATION.
EXT.P2 - TRUE COPY OF THE POST MORTEM REPORT DATED 14-07-2012.
EXT.P3(A) - TRUE COPY OF THE COMPLAINT DATED 03-08-2012 FILED
BEFORE THE CITY POLICE COMMISSIONER.
EXT.P3(B) - TRUE COPY OF THE COMPLAINT DATED 03-08-2012 FILED
BEFORE THE D.I.G.
EXT.P3(C) - TRUE COPY OF THE COMPLAINT DATED 03-08-2012 FILED
BEFORE THE STATE POLICE CHIEF.
EXT.P3(D) - TRUE COPY OF THE COMPLAINT DATED 03-08-2012 FILED
BEFORE THE MINISTER OF SC/ST DEVELOPMENT.
EXT.P3(E) - TRUE COPY OF THE COMPLAINT DATED 03-08-2012 FILED
BEFORE THE HOME MINISTER.
EXT.P3(F) - TRUE COPY OF THE COMPLAINT DATED 03-08-2012 FILED
BEFORE THE STATE HUMAN RIGHTS COMMISSION.
EXT.P4 - TRUE COPY OF THE REPORT FILED BY THE ASSISTANT
COMMISSIONER OF POLICE THRIKKAKARA BEFORE THE HUMAN
RIGHTS COMMISSION DATED 22-09-2012.
EXT.P5 - TRUE COPY OF THE PROCEEDINGS OF THE HUMAN RIGHTS
COMMISSION DATED 04-04-2013.
RESPONDENT'S ANNEXURES:-
ANNEXURE R4A COPY OF THE POSTMORTEM CERTIFICATE
DATED 14/07/2012.
ANNEXURE R4B COPY OF THE STATEMENT OF DR.BIJU JAMES
DATED 14/07/2012.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. RAMAKRISHNAN, J.
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W.P.(C).No.10380 of 2014
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Dated this the 30th day of July, 2014.
JUDGMENT
This writ petition is filed by the petitioner for giving a direction to the investigating officer to conduct proper investigation and also to handover investigation to Crime Branch under Article 226 of the Constitution of India.
2. It is alleged in the petition that petitioner is the father of deceased Preetha, who was found dead in her house on 13.7.2012 in a suspicious manner, and on the basis of a statement given by the son of the petitioner, Ext.P1 First Information Report was registered as Crime No.1120/2012 of Thrikkakara police station under Section 174 of the Code. It is seen from the postmortem certificate that there were lot of injuries on the body which could not have happened due to hanging as alleged by the husband of the deceased. Though the police have filed final report alleging offence under Section 306 of the Indian Penal Code alone against the husband of the deceased, the petitioner suspects that it is not a case of suicide, but it is a case of murder and so he filed Ext.P3 W.P.(C).No.10380 of 2014 2 representation before the Home Minister and other authorities for entrusting the investigation to Crime Branch. But no action has been taken so far. So the petitioner has no other remedy except to approach this Court seeking the following reliefs:
"i. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 2 to 4 to handover the investigation to the 5th respondent to conduct investigation in Ext.P1 crime and complete the investigation properly at the earliest in a time bound manner;
ii. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
3. On the basis of the allegations in the petition, as directed by this Court, the 4th respondent filed a statement, which reads as follows:
"The above writ petition is filed praying for the issuance of a writ of mandamus directing respondents 2w to 4 to hand over the investigation to the 5th respondent, Inspector, Crime Branch, Ernakulam to conduct investigation in Ext.P1 Crime and to complete the investigation properly at the earliest in a time bound manner, etc.
2.It is submitted that the case was registered at Thrikkakara police station as Crime No.1120/12 u/s.174 Cr.P.C on 14.7.2012 in connection with the W.P.(C).No.10380 of 2014 3 death of one Preetha, aged 25 years who was found dead on 13.7.2012 at 21.00 hrs by hanging on the window bar of her matrimonial house at Thrikkaraka. Since the death occurred within 3 = years f her marriage, the inquest was conducted by the Revenue Divisional Magistrate, Fort Kochi on 14.7.2012 at sun Rise Hospital Mortuary in the presence of Sri.T.A. Rashid, Tahsildar, Kanaynnur Taluk. The Medical Officer of the above hospital has given statement that the deceased was brought to the hospital causality on 13.7.2012 at 21.45 hrs.
3. It is submitted that the scene of crime was also inspected by Smt. Mary Sherin, Scientific Assistant, DCRB, Kochi city. During investigation it is respectfully submitted that on Mr. Praveen, husband of the deceased has abetted the suicide committed by his wife. So section 306 IPC was incorporated and a report was given to the Hon'ble JFCM-I, Aluva. The accused was arrested on 15.7.2012 at about 18.00 hrs and produced before the Hon'ble JFCM-I, Aluva and he was remanded by the court to the judicial custody. On 13.8.2012 he was granted bail with a condition to report before the Investigating Officer, till the final report was submitted before the competent court.
W.P.(C).No.10380 of 2014 4
4. It is respectfully submitted that the investigation revealed that the accused person has mentally and physically tortured the deceased at his house after they got married and as a result of the mental and physical torture suffered by her she was forced to committed suicide by hanging and the accused has committed crime punishable under Section 306 IPC. After conducting a detailed investigation, the above case was charge sheeted on 11.10.2012.
5. It is submitted that the postmortem certificate would show that the death was due to hanging. True copy of the postmortem certificate dated 14.7.2012 is produced herewith and marked a s Annexure R4(a). The doctor who conducted autopsy was questioned on 14.7.2012 to get further clarification on this injury sustained on the face of the deceased and the doctor has opined that the injury seen on the face must be sustained while the glass window was broke open by the persons gathered therein to shift the deceased to the hospital and the said injury was not fatal. Statement of Dr.Biju James dated 14.7.2012 is produced herewith and mar5ked as Annexure R4(b).
6. It is respectfully submitted that this W.P.(C).No.10380 of 2014 5 respondent has conducted a just, fair, proper and impartial investigation and was filed a charge sheet as early as on 11.10.2012. Even though it is true that the deceased was under mental depression due to the continued torture both physical and mental meted out by her husband and that was the reason why she had to commit suicide. Accordingly, it is revealed that the husband has committed crime punishable under Section 306 IPC and accordingly 306 IPC has been incorporated. Apart from the above there is no suspicious circumstances as alleged by the petitioner that she was murdered by the husband and othe4s. In the circumstances it is humbly submitted that there is no need for any further investigation".
4. Again as directed by this Court, the third respondent also filed a statement, which reads follows:
"1. The above writ petition is filed praying for the issuance of writ of mandamus directing respondents 2 to 4 to hand over the investigation to 5th respondent, Inspector of Police, Crime Branch, Ernakulam to conduct investigation in Ext.P1 crime and to complete the investigation properly at the earliest in a time bound manner etc.
2. It is respectfully submitted that in the W.P.(C).No.10380 of 2014 6 above writ petition the 4th respondent has filed a detailed statement on 20.6.2014 in compliance with the order dated 26.5.2014.
3. It is respectfully submitted that the petitioner herein has preferred a complaint before the Kerala State Human Rights Commission alleging that even after a period of 9 months no effective investigation has been conducted in crime No.1120/2012 registered u/s 174 Cr.P.C at Thrikkakara Police Station. The Hon'ble Human rights Commission as per Ext.P5 order has observed that the investigation of the case was going on at a slow pace and even after a period of nine months the investigation could not be concluded. Therefore, as per Ext.P5 order it was directed to o conduct the investigation by a team headed by the Circle Inspector of Police and to be monitored by an Officer not below the rank of DySP and to complete the investigation impartially at the earliest.
4. It is respectfully submitted that the said observation has been made on a mistaken notion that the investigation of the above case was not completed even at the time the said order was passed i.e on 4.4.2013. In fact, the investigation of the above case was completed and the charge sheet W.P.(C).No.10380 of 2014 7 was filed early as on 11.10.2012 i.e six months prior to the Ext.P5 order of the Hon'ble Human Rights Commission. Since the investigation had already been over and the charge sheet was also filed there was nothing remained to comply with Ext.P5 order.
5. It is respectfully submitted that this respondent has perused the CD file and found that the investigation has been conducted in a fair and proper manner and in the autopsy report of Dr. Biju James, District Police Surgeon, Ernakulam, it is opined that the death was due to hanging and the expert opinion would rule out the possibility of murder as alleged by the petitioner. It is further submitted that as stated earlier, the disposal of No.HRMP 4113/2012 by Hon'ble Kerala Human Right Commission ordering a probe by a team headed by Circle Inspector and be supervised by DySP was pronounced only on 4.4.2014 whereas after completing investigation charge set was filed as early as on 11.10.2012.
6. It is respectfully submitted that there is nothing suspicious about the death of the daughter of the petitioner. The postmortem report clearly indicates that the death was due to hanging. W.P.(C).No.10380 of 2014 8
7. It is humbly submitted that the above writ petition is devoid of any merit and the petitioner is not entitled to any of the reliefs sought for. Hence the above writ petition may kindly be dismissed".
5. Heard the counsel for the petitioner and the learned State Attorney appearing for respondents 1 to 5.
6. The counsel for the petitioner submitted that the injuries noted in Ext.P2 postmortem will go to show that it cannot be a case of suicide as contended by the accused in the case. In fact, according to the petitioner, he suspects that his daughter was murdered in her matrimonial home at the hands of her in-laws and under the influence of the accused persons, only minor offence has been shown and final report has been filed. So, according to the counsel for the petitioner, in order to unearth the real incident, effective investigation is required.
7. On the other hand, the learned State Attorney appearing for the respondents submitted that proper investigation has been conducted and it was revealed during investigation that she committed suicide due to harassment met by her at the hands of her husband and so the case was W.P.(C).No.10380 of 2014 9 converted to one under Section 306 of Indian Penal Code and final report was filed making the husband of the deceased as accused and there is no material evidence produced on the side of the petitioner to prove that it was a case of murder as suspected by him. It is an admitted fact that the petitioner's daughter Preetha was found dead in her house on 13.7.2012 and it was found that she had committed suicide by hanging. Originally on the basis of the statement given by the son of the petitioner, Ext.P1 First Information Report was registered as Crime No.1120/2012 of Thrikkarakara police station under the caption unnatural death under Section 174 of the Code. It is seen from the statement filed by the 4th and 3rd respondents that investigation revealed that she was both physically and mentally tortured by her husband, which prompted her to commit suicide and accordingly the case was converted to one under Section 306 of the Indian Penal Code and husband of the deceased was made an accused and after investigation final report was filed. The post mortem evidence also will go to show that it was a case of death by hanging. However, it is also seen from the statement that there is no other materials to be collected though they conducted investigation that it was W.P.(C).No.10380 of 2014 10 a case of murder as alleged by the counsel for the petitioner. Before this Court also there is no material produced by the petitioner to come to a different conclusion that it was not a case of suicide happened due to reasons alleged by the prosecution. But, however, this Court is not making any final opinion regarding this aspect. The petitioner can very well adduce evidence before court where the case is now pending and if the court is satisfied that more grave offences have been committed and others also involved in the commission of the crime, then the trial court is at liberty to take appropriate action in accordance with law in this matter.
With the above directions and observations, the writ petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge W.P.(C).No.10380 of 2014 11