CHATHAMMA RESIDENTS ASSOCIATION Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Death of one Jessy, aged 52 years, on 21.02.2018, at 8.15p.m., under mysterious circumstances has led to this writ petition. The second petitioner is the brother of Jessy and the first petitioner is a Residents Association, of which Jessy and her family were members.

(2.) According to the version of the family members, on 21.02.2018 at about 7.20p.m. husband of Jessy, his mother and the daughter of Jessy went to offer prayers in a room, at their house. Jessy was stated to be engaged in the kitchen. After the prayers were over, since Jessy was not seen, the mother and daughter are stated to have gone out in search of her. They found Jessy lying on the ground near the house, with face downwards . They cried aloud which invited attention of the husband. He also reached the spot, unturned the body of the Jessy and stated that, she was dead. A towel was found tightly wrapped around her neck with a knot on the front side of neck, with both free ends. Police was informed and FI statement was laid at 11.21p.m. Crime No.270 of 2018 was registered by the Panangad Police. Postmortem was conducted, which revealed findings suggestive of death due to constructive force on the neck. Alleging that the investigation was proceeding on a wrong direction, that police was not effectively investigating the crime and that, they were attempting to close the investigation as a case of suicide, Ext.P3 to P6 complaints were laid by the petitioners before the authorities. In the meanwhile, final report is stated to have been filed as a case of suicide by self strangulation. Petitioners seek detailed investigation into the circumstances that led to the death of Jessy, suspecting it to be a case of murder.

(3.) Admittedly Jessy was living with her husband, mother and the daughter. Records reveal that, Jessy died sometime in between 7.30 p.m and 8.15 p.m. The version of the family members also disclose that, family members were offering prayers during the relevant time. The investigation conducted by the police did not reveal any specific cogent reason for her death. It is also not brought out on record that, there were any sufficient reason for her to commit suicide. According to the petitioners, the husband has given divergent versions to various persons. The materials on record also indicate that, blood was oozing from her nose and ears. The towel tied around her neck had the knot in front of her neck. It was a towel which she usually used in the kitchen.