UMMER Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the sole accused in S.C. No. 36 of 2009 on the file of the Addl. Sessions Court, Adhoc-II, Kasaragod. The revision petitioner married one Haseena on 13.11.2005 and a child also was born in that wedlock. The dead body of his wife Haseena, aged 22 years was found floating at about 4 p.m. on 9.8.2008 in the Chandragiri river, far away from her matrimonial home where she was staying at that time. According to the version of the inmates of the house of the accused, on the previous day (8.8.2008) at about 7 p.m. while Haseena and the accused were about to go to the house of Haseena, a quarrel took place between the spouses over a trivial issue and Haseena ran inside the house and cut her vein and was thereafter missing. According to the father and other close relatives of Haseena, when they reached the house of the accused after getting the news about her disappearance, they had seen blood stains in the bedroom as well as on the dress of the accused and his mother. At 10 a.m. on 9.8.2008 the Kasaragod Police registered a case as Crime No. 560 of 2008 for offences punishable under Sections 498A and 306 I.P.C. The investigation was conducted by the Dy.S.P., Kasaragod who charge-sheeted the revision petitioner/accused for the aforementioned offences on 7.10.2008. The learned Magistrate concerned, after initiating committal proceedings finally committed the case to the Court of Session on 12.12.2008. The case was made over to the Addl. Sessions Court (Adhoc-II), Kasaragod for trial. After taking cognizance of the offence, the Addl. Sessions Judge issued process and the case was posted for the appearance of the revision petitioner/accused to 28.7.2009. On that day, C.W.2 the father of deceased Haseena filed an application under Section 173(8) Cr.P.C. for further investigation alleging that the investigation so far conducted was not satisfactory and that even though the victim had cut injuries on her body and the accused and his family members had assaulted the victim, the police reached a conclusion that this was a case of suicide without any supporting material. Thereupon, the court below, after perusing the records and hearing the Public Prosecutor passed the impugned order dated 16.9.2009 directing further investigation preferably by an efficient and sincere officer to be chosen by the Superintendent of Police, Kasaragod. It is the said order which is assailed in this Revision by the accused.

(2.) The learned Counsel appearing for the revision petitioner/accused made the following submissions before me in support of the Revision.

(3.) I am afraid that I cannot agree with the above submissions. The accused has no right to be heard in the matter of investigation or further investigation. See Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwandadha Maharaj v. State of Andhra Pradesh and Ors., 1999 AIR(SC) 2332. It is not permissible for the accused to cull out a portion of the order of the Addl. Sessions Judge to contend that the learned Judge was prejudiced in favour of the prosecution. The fact remains that even without questioning the doctor who conducted the autopsy over the dead body of deceased Haseena the investigating officer had chosen to come to the conclusion that it was a clear case of suicide. The Court below has also highlighted the other circumstances indicating failure or inertia on the part of the earlier investigating officer in not throwing light on the circumstances mentioned therein. The failure to question important witnesses including the mother of the accused has also been highlighted by the court below. Except the inmates of the house of the accused there was nobody who could throw some light as to how the deceased sustained a cut injury to her vein on the left forearm. There were two superficial cuts 1.5 cm. each close to each other on the outer aspect of the tendons extending horizontally towards the inner aspect of the wrist. No investigation worth its name was conducted as to how these ante mortem injuries were sustained by the deceased. Hence, I do not find any illegality in the impugned order passed by the Court below. Further investigation has been ordered mainly to consider whether the earlier investigating officer had explored the case from all angles and had ruled out the possibility of homicide.