SAJEEV MATHEW Vs. SECRETARY MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) THIS petition is filed by the brother of the deceased Santhosh, aggrieved by the (alleged) ineffective and half-hearted investigation conducted by the State Police regarding the unnatural death of the deceased. The deceased was found hanging from the branch of a rubber tree in a rubber plantation with several injuries on his body and heavy bleeding therefrom. The police registered a case under Sec.174 of the Code of Criminal Procedure (for short, "the Code") and a report was given to the Sub Divisional Magistrate concerned. The people of the locality formed an Action Council as they had their own suspicion about cause of death and the matter was raised in the floor of the State Legislative Assembly as well. The Dy.S.P, Crime Detachment, Kottayam continued the investigation. According to the petitioner, investigation has not proceeded in the correct line and investigating agency was not able to give proper explanation for certain suspicious circumstances. In the circumstance, it is requested that investigation may be handed over to the Central Bureau of Investigation (for short, "the CBI") or in the alternative ensure investigation by the investigating agency namely, Crime Branch under the supervision of an officer not below the rank of Inspector General of Police. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned counsel submitted that certain suspicious circumstances remain unanswered even now and in the circumstance it is necessary that the investigation is handed over to the CBI. Learned Public Prosecutor has submitted that the investigation has proceeded in the correct line and that alternating Sec.174 of the Code a report has been filed against 5 accused for offences punishable under Sec. 143, 147, 148, 149, 306 and 308 of the Indian Penal Code. All the accused were arrested and they got released on bail.

(2.) I have gone through the CD file as also statement filed by the Dy.S.P, Crime Detachment, Kottayam who is presently investigating the case. In that statement he has stated that initial investigation was conducted by the Circle Inspector, Erattupetta and later he took over investigation of the case. The result of investigation disclosed that on the day of incident the deceased Santhosh reached Teakoy, came to a tea shop at about 12.50a.m and was waiting for a vehicle to go to Vellikulam. At that time 5 accused persons came there in a jeep. They were natives of Vellikulam, Mavady, Teekoy etc. The deceased travelled in their jeep at his request in order to go to Vellikulam. On the way they reached Mavady. Near the house of the second accused all of them had some food. While so a quarrel ensued among them and both sides used black stones. In that incident the deceased and accused Nos.1 and 2 sustained injuries. Deceased ran away from the spot. Accused 1 to 5 searched the place but they could not find the deceased. On the morning of 30.01.2010 the deceased was found hanging on a rubber tree by a neighbour. She cried and the neighbours reached there and the dead body was identified as that of the deceased. The Dy.S.P in his statement states that investigation revealed that the deceased committed suicide and in the quarrel referred above accused Nos.1 to 5 in their attempt to cause death of the deceased inflicted injuries on him.

(3.) THE investigating officer has also referred to the scientific test conducted at the scene of occurrence. It is seen from the CD file that fibre was collected using cellophane tape from both hands and legs of the deceased and the rubber tree on which he was found hanging. That was subjected to chemical examination. In the report, it is stated that cellophane tapes were examined under microscopes and bark cells and tissues, tissues of bryophytes, algae, tissues of lichens etc were traced. THE opinion given is that the materials traced from the cellophane tapes taken from the hands, legs and tree were similar. That indicated that the deceased himself had climbed the rubber tree on which he was found hanging. If that be so, contention that the deceased was murdered and the body was hanged on the rubber tree is prima facie not acceptable.