SANTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the mother of the deceased 'Clement' who was murdered in the incident seeking the intervention of this court for proper investigation by a special investigation agency under Article 226 of Constitution of India.

(2.) IT is alleged in the petition that the petitioner's son Clement, aged 30 years was murdered on 06.05.2011 night, while he was staying along with 16 co -workers in an incomplete double storied building. The local police arrested one of the co -workers named Prakash and completed the investigation only on the ground that before the commission of the crime, there was some quarrel between the said Prakash and the deceased. The injuries on the postmortem report shows that the injuries could not have happened by wooden reaper as stated by the prosecution and this would have especially when he was sleeping along with his co -workers. According to the petitioner, the present accused had accepted the guilt for some ransom or reward made by the other real culprits. This can be elicited only when proper investigation was conducted by some other agency. So, the petitioner has no other remedy except to approach this court seeking the following relief: "To issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents 1 and 2 handover the Investigation of Exhibit P -1 Crime No.189/2011 of Konni Police Station, Pathanamthitta District to a Specialized Agency under the direct supervision of 2nd respondent, in the interest of justice."

(3.) ON the basis of the allegations in the petition, a statement has been called for by the investigating officer and the Inspector of Police, Konny has filed a statement which reads as follows: "The above writ petition is filed praying for the issuance of a writ of mandamus directing the respondents 1 & 2 hand over the investigation on Ext.P1 Crime No.189/2011 of Konni Police Station, Pathanamthitta to a specialized Agency under the direct supervision of the 2nd respondent etc. It is respectfully submitted that Crime No.189/11 u/s 302 IPC was registered on the strength of the statement given by one Ramachandran agaed 47 years S/o.Velayudhan Nadar, Chekulathu Mekkara Puthen Veedu, Changhe Kurisady, Vellanadu village Nedumangadu Taluk on 7.05.2011 at 1 -30 hrs. The FIR was registered by the then Assistant Sub Inspector of Police one Mr.Sam T Samuel, attached to the Konni Police Station. It is submitted that the brief of the case is that on 7.05.2011 at about 4 am, the accused, one Mr.Prakash aged 26 Years, S/o.Kunjan, Prasad Bhavanam, Mannamkodu colony, Kizhake mukkola, Vattapara Village, Thiruvananthapuram due to previous enmity against the deceased Clement, after consuming alcohol inflicted fatal injury of the deceased by beating him on his head with a reaper and as a result of the gravity of the injury sustained, the victim succumbed to the injuries on his way to the hospital. It is submitted that Mr.T.A.Antony, the then Circle Inspector of Police, Konni had taken over the investigation of the case and conducted the investigation. He visited the mortuary of General Hospital, Pathanamthitta on 7.05.2011 wherein the body was kept. The autopsy of the deceased was conducted at Medical College Hospital, Thiruvananthapuram on 7.05.2011 at 4 pm. The scene of crime was examined by Dr.Vinoddkumar, Scientific Assistant, DCRB, Pathanamthitta on the same day and prepared scene mahasar in the presence of witness. The scene mahasar along with a report was submitted to the Hon.JFMC -II Pathanamthitta. A Special Team of investigation has been constituted headed by the Circle Inspector of Police, Konni on 8.05.2011. Mr.Nuoman, the then sub -Inspector of Police Koodal Police Station, along with the other members of the Special Squad arrested the accused from Mukkola Junction at Vattappara.