S K VISWAMBARAN Vs. E KOYAKUNJU

JUDGEMENT

(1.) This appeal by special leave is by a Gazetted Police Officer to seek expunction of certain adverse remarks passed against him by the High Court of Kerala in an order passed with reference to two Criminal miscellaneous petitions filed by respondents 2 and 3 herein without issuing any notice to him and without hearing him.

(2.) The somewhat unusual circumstances in which the appellant has been made the victim of strictures by the High Court may now be looked into. One Chandrasekaran Pillai residing within the limits of Karunagapally Police Station was charged under S. 302, I.P.C., for having committed the murder of his wife Komalavalli by first beating her and kicking her and then hanging her in order to make it appear that it was a case of suicide. The accused's son aged about 12 years and a neighbour claimed to have. witnessed the beating as well as the accused dragging the deceased to the western side of the house. A little later the son made bold to go into the house and found his mother hanging with a noose round her neck. He raised alarm and the neighbours including his maternal uncle came to the house and cut the rope and rendered first aid unsuccessfully because Komalavalli had already died.

(3.) A report was given at Karunagapally Police Station and a case of "suspicious death" was registered and investigation was done by Shri T. P. Rajagopalan, Inspector of Police (respondent 2) who was examined as P.W. 16 in the Sessions Trial against the accused. As the brother of deceased Komalavalli was not satisfied with. the manner of investigation of the local police he filed a petition before the Deputy Inspector General, Southern range. Under orders of the Deputy Inspector General the investigation was entrusted to the Crime Detachment in which the appellant was serving as a Deputy Supdt. of Police. The appellant took charge of the case and his investigation revealed that Komalavalli's death was due to homicide and not suicide. The appellant was in charge of the investigation of the case only from 26-11-1980 to 5-1-1981 and thereafter the further investigation was done by another police officer of the Crime Detachment who was examined as P.W. 18 in the trial. The charge sheet was eventually filed by yet another officer viz., P.W. 19 an Inspector of Police.