VIJAYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Appeal arises from the judgment dated 20. 2. 1996 in O. P. No. 6932 of 1994. Appellant who is the petitioner in the Original petition is the mother of one late Sri. Dileep Kumar who is alleged to have died in police custody on 7/8-10-1993. Petitioner complained that no proper investigation was conducted in Crime No. 173 of 1993 registered in that regard at Vattiyoorkavu Police Station. The investigation was conducted by the 4th respondent. The final report was filed stating that the said Dileep Kumar committed suicide by consuming poison.

(2.) AFTER perusal of the entire case diary and after elaborately considering all relevant aspects, a learned Single Judge of this court observed that "there is no doubt, Dileep Kumar committed suicide by taking poison" and hence declined to grant any relief for further investigation in the matter. Accordingly the Original Petition was dismissed.

(3.) ON a scrutiny of the enquiry report and after hearing the parties, the same Division Bench on 17. 8. 1999 passed the following judgment: "on a scrutiny of the enquiry report submitted by shri. V. Ramkumar, Enquiry Commissioner and Special Judge, Thiruvananthapuram, we are satisfied that there is no material brought on record to substantiate the allegation that the deceased Dileep died as a result of the injuries inflicted on him while in police custody. The learned Single Judge was therefore right in dismissing the Original Petition filed by the mother of the deceased seeking a detailed enquiry into the circumstances leading to the cause of death of her son by a specialised agency and for compensation. The Writ appeal is devoid of merit which is accordingly dismissed".