SATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the son of a person who met with his death on 23/05/2004. The said person was, without any dispute, suffering from tuberculosis, even prior to the date of the incident in this case, that is 11/04/2004. The deceased, who allegedly suffered the injuries on 11/04/2004 was admitted to the hospital on the same day. While he was in the hospital, he expired on 23/05/2004. Even before the deceased met with his death, the investigation into the crime was completed and the final report was filed under Section 143, 147,148,324,427 read with 149 I.P.C.

(2.) After the death of the deceased on 23/05/2004, on the complaint made by the relatives of the deceased, further investigation was conducted. The grievance of the petitioner is that no proper further investigation has been conducted. He has accordingly come to this court with the prayer for issue of appropriate directions for the efficient conduct of the investigation.

(3.) The respondents have filed statements. Case diary has been placed before me for my perusal. I have perused the records. I may cautiously state that I do not intend to express any final opinion on any disputed questions. It appears from the case records that at the time of admission on 11/04/2004, the deceased was not suffering from any particular ailment though he was a tuberculosis patient. The wound certificate, which is available in the case diary in this case shows that he had suffered certain minor injuries. The case sheet is not made available for my perusal. The postmortem report shows that the death of the deceased was caused on account of pneumonia. The doctor, who conducted the postmortem examination as well as some forensic experts have been questioned. Further investigation is almost complete. Report has not been filed after such further investigation, in view of the pendency of this Crl.M.C.