Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943 WP(CRL.) NO. 359 OF 2021 PETITIONER: DAISY W/O.LATE JOHN, SHEEBA MANDIRAM, THEKKEMURI, MUTTAM, EAST KALLADA, BY ADVS.THOMAS ABRAHAM MERCIAMMA MATHEW R.SARATHKRISHNAN ASWIN.P.JOHN R.ANANTHAPADMANABAN THAYYIB SHA P.S. GEORGE J.NALAPPAT PAUL BABY MANJULA PRASAD RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2 STATE POLICE CHIEF POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695014. 3 DISTRICT POLICE CHIEF KOLLAM RURAL, KOTTARAKKARA, KOLLAM-691506. 4 DEPUTY SUPERINTENDENT OF POLICE KOTTARAKKARA, KOLLAM DISTRICT-691506. 5 STATION HOUSE OFFICER EAST KALLADA POLICE STATION, KOLLAM DISTRICT-691502.
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6 SUJITH @ JOY, JOHNY VILASAM, VATTAVILA, MUTTAM, EAST KALLADA P.O., 7 JOSE @ LUTTAPPY, S/O.SUNDARAN, PARANKIMAVILA PUTHEN VEEDU, ONAMBALAM, EAST KALLADA, 8 JOHNSON, KOYYAVILAYIL VEEDU, ONAMBALAM, EAST KALLADA P.O., 9 MARYKUTTY, W/O.JOHNSON, KOYYAVILAYIL VEEDU, ONAMBALAM, EAST KALLADA P.O., 10 ROBIN, S/O.JOHNSON, KOYYAVILAYIL VEEDU, ONAMBALAM, EAST KALLADA P.O., 11 SHAJI, SHAJIVILASOM, THEKKEMURI, EAST KALLADA P.O., 12 JYOTHI, W/O.FRANCIS J., J.NIVAS, MUTTAM, EAST KALLADA,
R1 TO R5 BY SRI. C.S.HRITHWIK, SENIOR PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01.02.2022, THE COURT ON 16.03.2022 DELIVERED THE FOLLOWING: W.P.(Crl.) No.359 OF 2021 3
JUDGMENT
This is a writ petition filed under Article 226 of the Constitution of India by the mother of the deceased Francis who had allegedly committed suicide, by hanging on a coconut tree. Petitioner is a 67 year old fish vendor and a widow. She knew about the incident in which Francis had committed suicide in mysterious circumstances on 29.04.2021. But there are very many mysterious and strange circumstances to suspect foul play committed by respondents 6 to 12. According to her, there are reasons to believe that the said Francis was killed by respondents 6 to 12 and thereafter, evidence was obliterated to make it out a case of suicide. It is unbelievable that a person had hanged on a coconut tree. She also relied on Ext.P1 photograph to say that from the posture of the deceased itself it is clear that it was not a case of committing suicide. The photograph, according to her, clearly indicates the involvement of other persons in the incident. It is not possible for a person
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hanging on the tree clasping his hands around the coconut tree; from the posture itself, it is possible to infer that there were external forces involved in the death. According to her, the police did not investigate the matter properly. The area was not cordoned. There are reasons to believe that the wife of Francis, respondent No. 12 had illicit relationship with the sixth respondent; the other accused persons also had acted hand in glove with each other. The party respondents are persons of shady background. There was good relationship among them and everything was accomplished by the respondents 6 to 12. Even though she had given representation to the police raising suspicious circumstances, they have not taken the matter seriously. They are even reluctant to examine and interrogate the suspects; political influence and money power are very much in force. They wanted to close the investigation on account of his binge drinking. She had made representation to the Chief Minister and higher police officials, but her representations were not taken seriously and therefore, she seeks to issue a writ of mandamus or any other appropriate
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writ, order or direction commanding the second respondent to constitute a Special Investigation Team headed by a senior police officer not below the rank of Deputy Superintendent of police to take up the investigation of Ext.P2 crime and all other incidents connected with the same under the supervision of the jurisdictional court.
2. The Investigating Officer has filed a statement
denying the contentions of the petitioner. According to him, Crime No. 463/2021 was registered in East Kallada police station on getting information about the death of Francis. The crime was registered under Section 174 of the Criminal Procedure Code. The postmortem examination revealed that the death was due to hanging. The postmortem examination was conducted by an Assistant Police Surgeon of District Hospital, Kollam and the findings are consistent with death due to hanging. Four ante-mortem injuries (abrasions) were recorded in postmortem examination. The expert opinion of Police Surgeon indicates that ante-mortem injuries on the body might have been occurred as a result of contact with the
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coconut tree during the hanging and it is evident from the photograph also. It is also reported that there were no injuries to his internal organs, no trace of serious injuries over the body or internal injuries other than the abrasions could be noted. The police had also examined neighbours, who are residing within 20 meters. They did not hear any voice or had not seen any strangers on the date of occurrence as alleged by the petitioner. There was no evidence of any attack over the deceased person by 6th and 11th respondents. Deceased person and respondents 6, 7 and 11 were friends and no issue did exist among them. Respondents 8, 9 and 10 are relatives of the 12th respondent and they are not in good terms with the petitioner. 10th respondent was staying at the same house of the deceased person and was sleeping together with the son of the deceased. Respondents 8 and 9 were staying away from the place of occurrence and came to know about the incident over phone only. Similarly, the petitioner and the 12th respondent were not on good terms. Ever since the marriage, they were living separately. Even though the petitioner was staying about 200
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meters away from the place of occurrence, she knew about the incident only over phone. Moreover, according to the Inspector, suspicion raised by the petitioner that a person cannot hang on a coconut tree has no basis at all. Investigation revealed that the deceased had jumped from the top of the neigbouring building, after making a knot on the coconut tree; under extreme influence of depression, he had decided to commit suicide. It was easy to make a knot in the coconut tree from the steps and he could jump from the steps to commit suicide. So according to him, there is absolutely no basis in the contentions urged by the petitioner.
3. The petitioner filed a reply affidavit also. The
learned counsel for the petitioner raised very same contentions before court. According to him, on the previous day, neighbours had heard sounds of quarrel, there are also reasons to believe that some of the party respondents had assaulted Francis on the previous day, that they had also changed the rope allegedly used by Francis for committing suicide. But under the influence of the party respondents and money power,
W.P.(Crl.) No.359 OF 2021 8 police have not investigated the case properly and therefore, if party respondents are interrogated properly, real facts would come out.
4. I heard the learned Senior Public Prosecutor also
who supported the statement of the Investigating Officer. According to him, there is absolutely no basis in the apprehensions raised by the petitioner, the petitioner and the daughter-in-law, wife of deceased Francis, were not on good terms and now taking advantage of the mishap, she wanted to wreck vengeance against her and therefore, the writ petition is sought to be dismissed.
5. It is a fact that on 29.04.2021, the said Francis was
found hanging on a coconut tree. Of course, it is unusual that one would be able to commit suicide on a tree like coconut tree. Still, here the photograph as well as the statement of the Investigating Officer indicate that there is a building adjacent to the said coconut tree, the person had created a knot on the coconut tree from the top of the nearby building and then jumped and then hanged himself. The postmortem examination
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revealed that the findings are consistent with the case of hanging. Whatever it may be, he did not have any external injury on his person except a few abrasions; there were no injuries to the internal organs also. The police also rules out any attack on Francis on the previous day. According to them, nothing untoward had happened prior to the incident, that Francis was a drunkard and for sometime, he was jobless and out of that depression, he was committing suicide by hanging from the tree. It is also shown that the call data records of the suspects were examined by the police and they could not find anything suspicious. It seems that, investigation has been conducted to rule out any suspicious in the death of her son.
6. After going through the rival contentions, I have no
doubt that materials are not brought out to say that intervention of this Court is called for invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India. In fact, the contentions of the parties are mutually exclusive. While the petitioner wanted to say that there is foul play, respondents 6 to 12 had clear role in the death etc. Everything
W.P.(Crl.) No.359 OF 2021 10 has been totally denied by the Investigating Officer. When disputed questions of facts are raised, this Court cannot form an opinion and issue any direction.
7. Therefore, I am not inclined to issue a writ as
prayed for. However, having regard to the serious allegations raised by the petitioner, it is only appropriate that the District Police Chief, Kollam Rural, the third respondent examine the case diary in detail and ensure that investigation was in correct track; if there is any suspicious circumstance, he shall cause to conduct further investigation and should form opinion by deploying an officer at the level of a Deputy Superintendent of Police. The writ petition is disposed of as above.
Sd/- K.HARIPAL JUDGE DCS/12.03.2022 W.P.(Crl.) No.359 OF 2021 11 APPENDIX PETITIONER'S ANNEXURE EXHIBIT P1 THE TRUE COPY OF THE PHOTOGRAPH REVEALING THE MANNER IN WHICH THE BODY OF PETITIONER'S SON WAS FOUND HANGING ON A COCONUT FREE. EXHIBIT P2 THE TRUE COPY OF THE FIR IN CRIME NO.463 OF 2021 OF EAST KALLADA POLICE STATION. EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED
01.06.2021 ISSUED FROM THE OFFICE OF DISTRICT POLICE CHIEF, KOLLAM RURAL EVIDENCING SUBMISSION OF REPRESENTATION BY PETITIONER. EXHIBIT P4 THE TRUE COPY OF THE RECEIPT DATED 21.06.2021 ISSUED FROM THE OFFICE OF DISTRICT POLICE CHIEF, KOLLAM RURAL. EXHIBIT P5 THE TRUE COPY OF THE POST MORTEM CERTIFICATE DATED 30.04.2021. EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 08.10.2021 MADE BY THE PETITIONER.