Kerala High Court
Chathamma Residents Association vs The State Of Kerala on 10 October, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 10TH DAY OF OCTOBER 2018/18TH ASWINA, 1940
WP(C).No. 24130 of 2018
PETITIONER/S:
1 CHATHAMMA RESIDENTS ASSOCIATION
REGISTERED UNDER THE TRAVANCORE-COCHIN
LITEREARY,SCIENTIFIC AND CHARITABLE SOCIETIES
REGISTRATION ACT,1955 HAVING ITS OFFICE AT CHATHAMMA,
PANANGAD.P.O.,KUMBALAM VILLAGE,
ERNAKULAM,PANANGAD.P.O., PIN- 682 506,REPRESENTED BY
THE PRESIDENT A.C SOJAN,S/O.LATE ZAVIERAGED 48 YEARS,
ARACKAL HOUSE,CHATHAMMA, PANANGAD.P.O.,PIN- 682 506,
ERNAKULAM
2 BRITTO ANTONY
AGED 40,S/O. LATE RAPHAEL CHORI, KADAVILAVEETTIL,
AMBALAKKADAVU ROAD,NETTOR,NETTOR.P.O., MARADU
VILLAGE, ERNAKULAM DISTRICTPIN- 682 040
BY ADVS.
SRI.JOLLY JOHN
SMT.LIZA MEGHAN CYRIAC
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY HOME SECRETARY,GOVERNMENT SECRETARIAT,
TRIVANDRUM- 695 001
2 STATE POLICE CHIEF AND DIRECTOR GENERAL OF POLICE DGP
POLICE HEAD QUARTERS,TRIVANDRUM- 695 001
3 COMMISSIONER OF POLICE
KOCHI CITY,OFFICE OF THE COMMISSIONER OF POLICE,
ABDUL KALAM MARG,MARINE DRIVE, ERNAKULAM,
KERALA- 682 011.
4 CIRCLE INSPECTOR OF POLICE
ERNAKULAM TOWN SOUTH CIRCLE OFFICE,MAHATMA GANDHI
RD,THEVARA JUNCTION, PERUMANOOR, KOCHI,
KERALA- 682 015
5 SUB INSPECTOR
NH 47 BYPASS, PANANGAD,MADAVANA, ERNAKULAM,
KOCHI,KERALA- 682 506
BY ADV. GOVERNMENT PLEADER
OTHER PRESENT:
SMT.M.K PUSHPALATHA PP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.09.2018, THE COURT ON 10.10.2018 DELIVERED THE FOLLOWING:
Crl.M.C.24130/18
2
JUDGMENT
Death of one Jessy, aged 52 years, on 21.02.2018, at 8.15p.m., under mysterious circumstances has led to this writ petition. The second petitioner is the brother of Jessy and the first petitioner is a Residents Association, of which Jessy and her family were members.
2. According to the version of the family members, on 21.02.2018 at about 7.20p.m. husband of Jessy, his mother and the daughter of Jessy went to offer prayers in a room, at their house. Jessy was stated to be engaged in the kitchen. After the prayers were over, since Jessy was not seen, the mother and daughter are stated to have gone out in search of her. They found Jessy lying on the ground near the house, with face downwards . They cried aloud which invited attention of the husband. He also reached the spot, unturned the body of the Jessy and stated that, she was dead. A towel was found tightly wrapped around her neck with a knot on the front side of neck, with both free ends. Police was informed and FI statement was laid at 11.21p.m. Crime No.270 of 2018 was registered by the Panangad Police. Postmortem was conducted, which revealed findings suggestive of death due to constructive force on the neck. Alleging that the investigation was proceeding on a wrong direction, that police was not effectively investigating the crime and that, they were attempting to close the investigation as a case of suicide, Ext.P3 to P6 complaints were laid by the petitioners before the authorities. In the meanwhile, final report is stated to Crl.M.C.24130/18 3 have been filed as a case of suicide by self strangulation. Petitioners seek detailed investigation into the circumstances that led to the death of Jessy, suspecting it to be a case of murder.
3. Admittedly Jessy was living with her husband, mother and the daughter. Records reveal that, Jessy died sometime in between 7.30 p.m and 8.15 p.m. The version of the family members also disclose that, family members were offering prayers during the relevant time. The investigation conducted by the police did not reveal any specific cogent reason for her death. It is also not brought out on record that, there were any sufficient reason for her to commit suicide. According to the petitioners, the husband has given divergent versions to various persons. The materials on record also indicate that, blood was oozing from her nose and ears. The towel tied around her neck had the knot in front of her neck. It was a towel which she usually used in the kitchen.
4. The postmortem report reveals that the towel was tightly wound around her neck by krizcrossing, both free ends on front of neck. The back side of the towel was under the hair. Photographs produced along with the writ petition also supports this finding. Postmortem report reveals that, oblique pressure abrasion was found all around the neck. The neck and midline structures were found to be intact and normal. Autopsy doctor opined that, she died of constructive force on the neck. In her statement, the doctor had opined that, materials indicating it to be a case of suicide was included in the report. The FSL report also did not establish the Crl.M.C.24130/18 4 presence of any toxic substance in the body. The postmortem doctor had given a version that, there was no finding of strangulation or injuries on her body. There was no indication of hanging also. Prosecution proceeded on a basis that, it was a case of self strangulation, by applying constructive force on the neck. The final report also concluded that it was a case of suicide.
5. To arrive at this conclusion, investigating agency seems to have relied on certain factors. According to the investigating agency, all the family members were inside the house at the time of the incident. They had given uniform version that, Jessy was in the kitchen when the incident happened. According to the investigating agency, there were no indications of any force applied on her body. She seems to have voluntarily gone out. It is also projected by the prosecution that the towel was wrapped around her neck under the hair, which could have an indication that she was not strangulated by any other person. However, none of them could give any cogent reason as to why Jessy should commit suicide. There is no specific material to suggest that, any person maintained any enmity towards Jessy. On the other hand, no apparent reason could be projected by the investigating agency as to why she should commit suicide, while all other members were in the prayer home.
6. Learned counsel for the petitioners vehemently contended that, it was impossible for a person to commit self strangulation leading to death. It seems that, materials available indicate that, self strangulation leading to death of a person are rare, but occasional reports have been published. The Crl.M.C.24130/18 5 American Journal of Forensic Medicine and Pathology, volume 30, Number 4, December 2009, which was placed by the prosecution, at the time of hearing also indicates that, suicide by self strangulation is uncommon, but a review of the forensic literature revealed that, many cases of atypical strangulation have been described. It was suggested that, ligature strangulation is a type of strangulation carried out with the use of a ligature. Three typical cases of such suicides are referred to in the article on suicide by ligature strangulation. It has been opined that, in suicides, self strangulation is possible if the person is able to secure a ligature around the neck that will remain in place and remain tight on its own. In suicide cases by strangulation, the ligature must be remain tight on its own, because once the person loses consciousness and loses his grip on the ligature, lessening its constriction, he is likely to regain consciousness with subsequent repercussion of his brain. According to authorities, that is why one cannot manually strangle oneself. As soon as one loses consciousness, there is a loss of grip on the neck and repercussion is established. However, in the case at hand, it seems that, towel was wrapped tightly around her neck.
7. The above materials show that, though the investigating agency claims that, it was a case of self strangulation, it seems that, doubts still linger in the minds of the close relatives and the petitioners, for the reason that, investigating agency did not succeed in establishing the provocation, much less a sudden provocation for committing suicide. Daughter is stated to have given an indication that, Jessy was maintaining some fear for the Crl.M.C.24130/18 6 past two weeks, prior to her death. It seems that, this aspect has not properly investigated into. It is also not clear as to why, how and under what circumstances the death of Jessy occurred. Unless specific cause leading to her death is established and other possibilities ruled out, the investigation cannot be considered to be a complete one. Having considered this, I feel that, investigation is liable to be entrusted to a special team of another agency to ascertain the exact circumstances leading to her death. I feel that, the investigation is liable to be conducted by the Crime Branch by an officer not below the rank of DySP.
In the result, writ petition is allowed. The final report is set aside and the first and second respondents are directed to entrust the further investigation in Crime No.270 of 2018 of Panangad Police Station with the Crime Branch to be conducted by a team of police officers, under an officer not below the rank of DySP. Special team shall also ascertain the opinion of the medical experts on the medical issues involved.
Sd/-
SUNIL THOMAS JUDGE Sbna/ Crl.M.C.24130/18 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPIES OF THE PHOTOGRAPHS DEPICTING THE CRIME SCENE EXHIBIT P2 TRUE COPY OF THE FIRST INFORMATION REPORT DATED FEBRUARY 21, 2018 EXHIBIT P3 TRUE COPY OF THE COMPLAINT NOTICE TO THE HOME SECRETARY DATED 26.2.2018 EXHIBIT P4 TRUE COPY OF THE COMPLAINT NOTICE TO THE DISTRICT COLLECTOR DATED 26.2.2018 AND ACKNOWLEDGMENT CARD.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT NOTICE TO THE DIRECTOR GENERAL OF POLICE DATED 26.2.2018 AND ACKNOWLEDGMENT CARD.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT NOTICE TO THE COMMISSIONER OF POLICE DATED 26.2.2018 AND ACKNOWLEDGMENT CARD.
EXHIBIT P7 TRUE COPY OF THE REPLY TO THE PETITIONER FROM THE DISTRICT COLLECTOR DATED 21.3.2018 EXHIBIT P8 TRUE COPY OF THE NEWSPAPER ARTICLE REPORTING THE POLICE INVESTIGATION, REPORTED IN MALAYALA MANORAMA DATED APRIL 15TH 2018, KOCHI EDITION PAGE NO.2 EXHIBIT P9 TRUE COPY OF THE NEWSPAPER ARTICLE REPORTING THE POLICE INVESTIGATION, REPORTED IN MATHRUBHOOKI DAILY DATED APRIL 15TH 2018, KOCHI EDITION PAGE NO.2 EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF PETITION DATED 24.2.2018 SUBMITTED BY THE 2ND PETITIONER TO THE CITY POLICE COMMISSIONER, KOCHI.