AKHILA Vs. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) On the information given by one Bineesh that seven named accused along with eight others armed with deadly weapon like sword trespassed into his house at 12.20 in the afternoon of 6.4.2018, committed mischief in the house, the first among them assaulted the informant's father Vasudevan with a sword and also his uncle Ganesan, the informant got injured with a broken glass in the process of his defending his father and the incident caused mental agony to Vasudevan and it resulted in his committing suicide Crime No.312 of 2018 was registered at Varapuzha Police Station for the offences under Sections 143, 147, 148, 307, 323, 324, 427 and 450 read with Section 149 IPC and Section 27(1) of the Arms Act. Exhibit P1 is the FIR prepared by the police. The name of Sreejith, husband of the petitioner, did not find a place in Exhibit P1 FIR though he had been known to the informant. The deceased Vasudevan was an activist of CPI(M), the main partner in the ruling front in Kerala. A conspiracy was entered into at the district level of the police force involving District Police Chief (Rural) and some political leaders. Pursuant to it, though the petitioner's husband, Sreejith, was not involved in Exhibit P1 crime, the police took him into custody from his house at 10.30 in the night on 6.4.2018. The civil police officers who arrested him assaulted him at his house, dragged him to the police vehicle and when he resisted their attempt to take him into the vehicle the police officers brutally assaulted him. In order to extract confession the police officers brutally tortured him at the police station. They turned down his request for medical assistance. They recorded his arrest at 9.15 in the night on 7.4.2018 only. Though the police produced the co-accused, who also were arrested, before the learned Magistrate at 8 in the morning on 8.4.2018, they could not produce the petitioner's husband, Sreejith, before the learned Magistrate as he was taken to hospital. At the request of the learned counsel for the coaccused the learned Magistrate visited the hospital. But she could not record his statement as he was undergoing surgery and his condition was very critical. On 9.4.2018 at about 7 in the morning he died at the hospital. The doctors noticed 'near circumferential jejunal transection, septic peritonitis, stress induced cardiomyopathy, diffuse multiple contusions in mesentery and small bowel, multiorgan dysfunction syndrome, septicshock.' The cause of death was septic shock, multi organ dysfunction syndrome and stress induced cardiomyopathy. In Exhibit P4 Postmortem certificate issued by the Directorate of Medical Education the cause of death is recorded as 'blunt trauma sustained to the abdomen and its complications (jejunal perforation, peritonitis, septicemia and multi organ failure).' Meanwhile, the Varappuzha police registered Crime No.310 of 2018 first under Section 174 Cr.P.C., and later for the offence under Section 306 IPC in connection with the suicide of Vasudevan. In the FIR the petitioner's husband, deceased Sreejith, is shown as an accused. The government constituted a Special Investigation Team to investigate into the death of the petitioner's husband, Sreejith. The investigation revealed that Sreejith was not involved in the incident in which Vasudevan sustained injuries and Sreejith was illegally taken into custody and he was tortured to death. Accordingly, the Special Investigation Team registered Crime No.321 of 2018 at Varappuzha Police Station for the offence under Section 302 IPC. The investigating officers arrested certain police officers including the Inspector of Police during the investigation. But the conspirators are still at large. The Special Investigation Team obtained a report from the Medical Board with the intention of 'manipulating' the evidence. As the culprits are police officers, the petitioner apprehends that there will not be an impartial and honest investigation. She submitted Exhibit P10 representation before the first respondent State of Kerala requesting investigation by the Central Bureau of Investigation. But the first respondent has not taken any action. The District Police Chief involved in the incident was removed from his post after he was given sufficient time to destroy the evidence. The petitioner prays that the investigation may be handed over to the Central Bureau of Investigation. She also prays that the first respondent State of Kerala may be directed to pay a sum of Rs.1 Crore as compensation to the petitioner and other dependents of the deceased Sreejith.

(2.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and the learned Standing Counsel appearing for the Central Bureau of Investigation.

(3.) Sreejith died in police custody. He had sustained injuries in the intestine. The inquest was conducted by the Revenue Divisional Officer, Muvattupuzha at the hospital where Sreejith died. The investigation was entrusted to Deputy Superintendent of Police, District Crime Branch, Ernakulam. He started the investigation on 10.4.2018. On the very same day autopsy on the body of Sreejith was conducted by a team of Doctors headed by Dr.Sacria Thomas, Forensic Professor and Police Surgeon attached to the Medical College, Alappuzha. Crime No.321 of 2018 was registered at Varappuzha Police Station under Section 174 Cr.P.C. The Government appointed a Special Investigation Team headed by Inspector General of Police (Crimes), who took over the investigation on the third day of the death of Sreejith. In one week the investigating officer sent a report to the learned Magistrate concerned stating that the investigation revealed commission of the offences under sections 302, 323 and 342 read with 34 IPC. The investigating officer arrested three civil police officers (accused Nos.1 to 3) who effected the arrest of Sreejith and Sub Inspector of Police, Varappuzha (accused No.4). They were produced before the learned Magistrate. The police obtained their custody. Later, the Inspector of Police, Paravur (accused No.5) also was made an accused. He was arrested and produced before the learned Magistrate, who released him on bail. Later, four police officers were also arrested (accused Nos.6 to 9) in the course of the investigation. The Special Investigation Team interrogated the then District Police Chief (Rural) who constituted Rural Tiger Force to which accused Nos. 1 to 3 civil police officers belonged.