JOMON PUTHEN PURACKAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been moved by the father of Sister Abhaya, who died on mysterious circumstances in the morning of 27-3-1992, while she was staying in room No. 8 of St. Pious X Convent Hostel, Kottayam. On the basis of the complaint of Mother Superior Addl. Sub Inspector of Police, Kottayam, West Police Station, registered Crime No. 187 of 1992 at about 8.30 a.m. on 27-3-1992 under the caption 'unnatural death'. Later investigation of the case was taken over by the Crime Branch, CID, Kottayam, renumbering the case as 142/CR/92 and final report under Section 173 of the Cr. P. C. was filed before the Sub-Divisional Magistrate Court, Kottayam, on 30-1-1993 by the Deputy Superintendent of Police, Crime Branch, CID, Kottayam with the finding that the death of Sister Abhaya was one of suicide by drowning.

(2.) In pursuance of the request made by the Government of Kerala to Government of India, the Director of Central Bureau of Investigation, hereinafter referred to as 'CBI', ordered investigation of the above case relating to "unnatural death" of Sister Abhaya by the CBI, Cochin Branch. Accordingly, investigation was conducted by the Deputy Superintendent of Police, CBI, under the supervision of SP/CBI/Cochin, DIG/ CBI/Madras and Joint Director (A) CBI/New Delhi. Later, the investigation was taken over by SIC/II New Delhi.

(3.) A team headed by Joint Director and consisting of one Deputy Inspector General of Police, two Superintendents of Police, four Deputy Superintendents of Police and other staff reached Kottayam on 5-7-1994. They visited the spot and examined the inmates of the hostel, the doctor who conducted post-mortem and some of the Police Officers who conducted investigation. During the course of investigation CBI examined 120 persons. In order to find out whether it was a case of suicide or homicide, it was decided to organise a dummy experiment with the help of experts. Dr. S. K. Pathak, Prof. and Head of the Department of Forensic Medicines, SMS College, Jaipur, Dr. Mahesh Verma, Retd. Head of Department of Anatomy, of the College, conducted dummy experiment at St. Pious X Convent Hostel on 7-4-1995. Dr. G. R. Bhaskar, Retd. Prof., Department of Forensic Medicines, Medical College, Hyderabad, who could not witness the dummy experiment, also reached Kottayam, saw the scene of crime and held discussions with various experts including Dr. C. Radhakrishnan. Later three persons were subjected to polygraph test at New Delhi.