EMBASAGARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A father, who is aggrieved by the investigation that has been conducted into the unnatural death of his son Suryan, by the District Crime Branch in Thrissur Medical College Police Crime No.339/2018, requests interference of this Court to hand over the investigation to the 4th respondent-Central Bureau of Investigation (CBI) for a meaningful and effective investigation.

(2.) The aforesaid Crime is registered under Section 174 of the Cr.P.C. for unnatural the death of Suryan, a 29- year-old man, hail and hearty, employed as a driver. He went missing from his house in the evening of 20.05.2018, and on 21.05.2018 at about 3.00 PM, his body was recovered from an unused abandoned well situated in a property at Eyyanikkadu in Mundathikodu, Thrissur. The petitioner preferred Ext.P1 complaint to the Commissioner of Police, Thrissur, with copies to the 2nd respondent-State Police Chief and Chief Minister but to no avail. He has therefore approached this Court with a writ of mandamus to direct the State Police to hand over the investigation to the CBI. The investigation was handed over to the 3rd respondent-Assistant Commissioner of Police of the District Crime Branch consequent to the complaint filed by the petitioner. It was revealed in the postmortem that the deceased had as many as ten ante-mortem injuries on his body. It was also observed in Ext.P2 postmortem report that he died due to the injury sustained to the chest, and multiple contusions. Ext.P3 is the inquest report. The 3rd respondent has not conducted a proper and exhaustive investigation into the matter and had chosen to file a closure report relying on the Expert opinion at Ext.P4 stating that the death was due to the accidental fall of the deceased into an unused well causing the multiple injuries. The Expert also opined that he may have died due to a deficiency of oxygen in the depth of the dry well. Ext.P5 is the copy of the report that was submitted before the Sub Divisional Magistrate. It is stated that the investigation is far from satisfactory and a hasty decision was taken to conclude it. The cloud of suspicion surrounding the death of the petitioner's son was created because of his involvement with a lady named Leena near whose premises the well is situated. It is stated that the investigating officer has not questioned in detail, the persons, who had conversed with the deceased immediately prior to his death. Ext.P5 would indicate that the deceased had consumed alcohol on 20.05.2018. The investigating officer also observed that even though the deceased wanted to contact Leena, and as her phone number was not saved in his mobile, the calls were mistakenly made to one Moideenkutty between 6.16 PM to 8.30 PM. It is also pointed out that the chemical analysis report indicates that the deceased had only 19 mg. of alcohol per 100 ml. in his blood. The deceased was a tall man having a height of 184 cms. and weighed 88 kgs. and it would be puerile to assume that the deceased had fallen accidentally into the well under the influence of alcohol with only 19 mg. of alcohol in his blood. The anti-mortem injuries indicate that fractures of ribs can only be caused by an external force. The conclusion in Ext.P5 is that the deceased had accidentally slipped into the well while he was walking towards the house of Leena at about 9.00 PM under the influence of alcohol. This story webbed by the investigating agency is totally unreliable. The report of the Expert at Ext.P4 that the deficiency of oxygen also could have led to his death is also not acceptable. It is therefore only appropriate that the case be handed over to the CBI for a proper and meaningful investigation.

(3.) Heard the learned Counsel for the petitioner and the learned Public Prosecutor and also perused the records in great detail.