SUBRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the father of a deceased person, who met with his death in the local river. The deceased Kalairaj had earlier won a lottery. His body was found in the river on 10.3.2005. The body was recovered allegedly at about 7.30 p.m. At 8 p.m. his brother-in-law lodged the F.I. statement before the police, in which he made a fairly specific assertion after gathering information that the deceased had committed suicide by jumping into the river from the bridge.

(2.) Crime was registered under the caption "unnatural death". Investigation/enquiry was conducted. The police, after investigation, came to the conclusion that the deceased had consumed alcohol along with a friend of his, one Vinod. The two were walking by the side of the river. The deceased had got into the river purportedly for washing his hands and face. He had accidentally fallen into the river. Vinod tried to save him. He could not. He made a hue and cry. The local people assembled. They could not save the deceased. His body was not seen. Ultimately after the alleged accidental fall into the river at 3.30 p.m., by 7.30 p.m. the body was recovered. It is also the case of the police that Fire Force and the Police had reached the scene even before the body was recovered.

(3.) The postmortem examination was conducted. Final opinion was reserved pending receipt of the Chemical Examiner's report. Without and before the examination report was received, the enquiry was closed and report was submitted to the Sub Divisional Magistrate. The petitioner/father of the deceased has come to this court complaining about the inadequacy in the enquiry.