P V ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) On 6-7-2000, in the last lap of the Asian and Pacific Decade of Disabled Persons 1993-2002 the dead body of Ibin Antony, a 20 year old student of the Government Vocational Higher Secondary School for Hearing Impaired, Jagathy, Thiruvananthapuram, was subjected to post-mortem by the Police Surgeon and Lecturer in the Department of Forensic Medicine, Medical College, Thiruvananthapuram to conclude that the said person with disabilities of being deaf and dumb died due to extradural bleeding. He was the student of the 2nd year Vocational Higher Secondary Course.

(2.) The statement filed by the second respondent Commissioner of Police states that on 6-7-2000 at 11.30 a.m. one Ramachandran Nair, the Matron of that school reached the station and informed that Ibin Antony was found in an unconscious condition in his bed in the hostel room and was taken to the General Hospital, Thiruvananthapuram where he was declared dead at 7.55 hours. Following the registration of that occurrence under Section 174 of the Code of Criminal Procedure, investigation proceeded, disclosing that on 5-7-2000, Ibin had a fall on the terrace of the hostel at about 6 p.m.; his friends carried him to his bed in a conscious state; he refused to have dinner though his friends persuaded him; the Matron was not informed of the matter at that stage; Ibin was found unconscious in the bed the next morning and the students informed the matter to the Matron; neither the Principal nor the Matron was aware of the incident till 7 a.m. on 6-7-2000 and Ibin was taken to the hospital by the Matron with the help of two other students; Ibin was declared dead at 7.55 a.m. at the Government Hospital on 6-7-2000; continued investigation revealed no foul play or negligence and therefore, on 10-11-2000, a report was submitted before the Sub Divisional Magistrate regarding the unnatural death and the matter was closed as undetected.

(3.) This writ petition is filed by Ibin 's father seeking a direction to convert the occurrence report recorded by the police as a case of unnatural death to be one for an offence punishable under Section 304-A, IPC and to direct that the investigation be entrusted with the Crime Branch; to direct payment of an amount of Rs. 5 lakhs by way of compensation as an interim measure without prejudice to adequate compensation being sought for in further appropriate proceedings.