PADMAKUMAR AND ORS. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The daughter of the first petitioner, who is the wife of the second petitioner, was found missing on 8/4/2016, after she had left the house of the first petitioner at 10.30 a.m. She had proceeded to her own house in a scooter. Since she did not reach home at 4.30 p.m.and her phone was found switched off, a complaint was laid before the jurisdictional police station. Crime was registered as Crime No.743/2016 under section 57 of the K.P.Act by the Kuruppampady police Police station. On 10/4/2016, the partly decomposed body of the wife of the second petitioner was found floating in Periyar river. It was recovered and the post mortem was conducted. Her hand bag, mobile phone, and her scooter, which was parked at a distant place, were also recovered. The post mortem report revealed that, the findings were consistent with the death due to drowning. Investigation was conducted by the Dy.S.P., Narcotic Cell. It was revealed in the course of investigation that,the deceased had financial dealings with one of her friend by name Avlin and her husband Rajesh. They had borrowed an amount of Rs. 9 Lakhs from the deceased. It was alleged that,her gold ornaments and that of her relatives which were entrusted with her were got pledged by the deceased, without the knowledge of the second petitioner. Since the amounts were not returned, she had got registered Crime No. 752/2016 of Kuruppampady Police station against Avlin and her husband alleging offence punishable under section 420 IPC.

(2.) Investigation revealed that, the gold ornaments were pledged without her husband's knowledge. It was revealed that, Avlin allegedly had borrowed an amount of Rs. 9 Lakhs from the deceased and 32 sovereigns of gold ornaments belonging to the relatives of the deceased which were entrusted with the deceased were also pledged by her to finance Alvin. She failed to return the amount. It was alleged that, on 8/4/2016, the deceased had gone to a bank for taking gold ornaments which were found to be fake ornaments later. After investigation, police filed a report before the Sub Divisional Magistrate concluding that the deceased had committed suicide. Ext.P8 is a copy of the final report filed by the S.I of police, Kuruppampady before the Sub Divisional Magistrate, Muvattupuza

(3.) The petitioners herein submitted Ext.P5 complaint dated 4/6/2016 before the Chief Minister followed by Ext.P6 representation. It was alleged that, the investigation was not proceeding on a proper line and there were several missing links. It was stated that, the police has not taken effective steps to identify the exact cause and the circumstances that led to the death of the deceased and the persons who were responsible for her death. It was also alleged that Avlin, her husband and few other persons have caused the death of the deceased. Hence, the petitioners sought for a proper investigation by the competent authority.