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Showing contexts for: re-postmortem in Mr.Arunkumar Sinha vs The State Of Kerala on 15 February, 2007Matching Fragments
The petitioner is the 4th accused in C.P.No.13/2004 pending before the Judicial First Class Magistrate Court-III, Thiruvananthapuram with respect to the offences under Sections 323,324,326,342,344,346,352,354,5099 read with Section 34 of the Indian Penal Code and Section 3(1)(iii), 3(1)(x), 3(1)(ii) and 3(2) (vi)(vii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed against seven police officials including the petitioner herein. The allegation in the complaint filed by respondents 2 and 3, daughter and mother, is that the petitioner herein while monitoring investigation into the crime of suspected murder of one Rajendran Kani committed the above offences. The investigation related to the incident of noticing a floating dead body in Veli lake near Boat Club, Veli, Thiruvananthapuram on 13-6-1998. The petitioner was working as Commissioner of Police, Thiruvananthapuram at the time. The Assistant Sub Inspector, Thumba registered a crime under Section 174 Cr.P.C. On postmortem it was found that the death was caused due to constriction force on the neck. There was no water inside the body. Hence, the death appeared suspicious. The investigation by the Circle Inspector of Police, Medical College Police station started on 14-6-1998. From the preliminary investigation it appeared that it is a case of murder and the section of offence was altered to Section 302 I.P.C. The matter became very sensational with the media highlighting the allegations raised by the members of the Kani community. There was adverse publicity in the media against the police alleging that the investigation is not proceeding on proper lines. It was alleged that respondents 2 and 3, the wife and mother-in- law of the deceased connived at the murder in order to get rid of the deceased as he happened to be a nuisance to their allegedly lose moral way of life. The petitioner constituted a special investigation team headed by the Assistant Commissioner of Police,Shanmmugham and consisting of Assistant Commissioner, Fort, the Deputy Superintendent of Police, Neyyattinkara, the Circle Inspector of Police, Varkala, the Circle Inspector of Police, Medical College and others. The Special Investigation Team took over the investigation on 9-7-1998. Several persons including the 2nd and 3rd respondents were questioned. The respondents were strongly suspected to be the persons behind the murder of Rajendran Kani. The investigation revealed the moral status of 2nd and 3rd respondent is questionable. There was an incident prior to the death, i.e. on 11-6-1998 (incident on 13-6-1998) a person by name Gopalakrishnan Nair @ Gopan said to be the paramour of the 2nd respondent was caught red handed from her house and assaulted by neighbours. It was alleged that the illicit relationship was going on with the blessings of the 3rd respondent, the mother. On coming to know of the incident,Rajendran Kani, the husband of the 2nd respondent rushed to the house of the respondents in the evening of 12-6-1998 and abused them. The dead body was found floating in the lake on the next day. Investigation also revealed that respondents 2 and 3 were closely associated with a police constable by name Rajendran, a self styled Swami (Godman) and Prasannan who owned and managed a temple at Aralummode. There were several rumours regarding the mystry shrouding the temple. The Special Investigation Team on investigation could not bring out any positive materials to establish the involvement of the 2nd and 3rd respondents. In the meantime, the local people formed an Action Council and released a number of statements to the media. There was a hue and cry demanding immediate arrest of 2nd and 3rd respondents. The investigation was transferred to the Crime Branch on 20-7-1998, in view of sensation generated in the matter. The Crime Branch took over the investigation on 20-7-1998. A re-postmortem was conducted at the instance of Crime Branch by a Medical Team and the opinion in the autopsy was that Rajendran Kani died due to drowning and preceding that there was an attempt to commit suicide by hanging. But the local people were not satisfied with the findings of the Crime Branch. Subsequently the investigation was transferred to the C.B.I. who conducted a detailed investigation. The 2nd and 3rd respondents were interrogated for days together by the C.B.I. and finally the C.B.I. referred the case as suicide and the investigation was closed .