LAWS(SC)-2006-11-135

SASI THOMAS Vs. STATE TAMIL NADU

Decided On November 24, 2006
SASI THOMAS Appellant
V/S
STATE OF MADRAS Respondents

JUDGEMENT

(1.) Leave granted.

(2.) One Achamma (deceased) was married with Jose Paul Respondent No. 4 herein. After their marriage, they went to USA. Jose Paul was a Vice-President in a reputed bank in USA. The deceased was a nurse. They obtained naturalized citizenship in USA. Allegedly, the couple was not leaving a happy married life. Respondent No. 4 developed intimacy with one divorcee, viz., Lissy P.C. The deceased thereafter came back to India with her children on five years visa. She purchased a house in the year 1994. In 1996, Respondent No. 4 also came back to India. Appellant is her younger brother. She died on 24.01.1998. She was stated to have died of heart failure. Respondent No. 5 gave a certificate to that effect. The appellant made complaints to various authorities whereupon the body was exhumed on 22.04.1998. Thereupon only a post mortem was conducted. A final opinion was given on 18.06.1998 stating that she died of Organo Phosphorous Insecticide poisoning. No injuries on her person could have been found as mentioned in the report. The appellant contended that the dead body had injuries.

(3.) One Shri Durairaj, Inspector of Police who investigated into the matter issued a final form stating that the deceased could have committed suicide.