SIVADASAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the father of deceased Rajeev. S., aged 24 years, C.R.P.F. Constable No. 941110993 of "D" Coy CRPF 34/BN, posted to Bhawan (Darbar Mata Vaishno Devi), Katra, Jammu, has preferred this original petition with a prayer to issue a writ of mandamus or any other writ or direction directing respondents 6 and 7 to enquire into the matter highlighted in this original petition and Exts.P1 to P3 and launch appropriate criminal proceedings against the persons really involved if it was a case of murder. It is also prayed for a direction directing the Central Bureau of Investigation to conduct an enquiry into the mysterious cause of death of the deceased son of the petitioner. According to the petitioner, he got a telegram message from the Commandant, 34/BN CRPF, Katra on 23.8.1999. It is also the case of the petitioner that he had received another telegram on 21.8.1999. According to the petitioner, the contents of these two telegram messages are contrary in nature and the same generated doubt in the mind of the petitioner regarding the real cause of the death of his son, especially when the two telegrams are sent from the same office. According to the petitioner, the postmortem report, Ext.P3 reveals that it is a case of murder. The petitioner firmly believed that there is no reason for his son to commit suicide and therefore, according to the petitioner, it is a clear case of murder. According to the petitioner, after completing all formalities in Jammu, the body of the deceased son was brought at his residence on 22.8.1999 and buried at about 5.30 p.m. on that day.

(2.) It is the further case of the petitioner that the petitioner has approached the District Collector, Kollam for investigation and for exhumation and getting done fresh postmortem of the buried dead body of the deceased. This Court, by order dated 16.9.1999, directed the Kottarakkara Police Station to register a crime and to conduct exhumation of the buried dead body of the deceased Rajeev and also the postmortem. Fourth respondent has filed a statement regarding the steps taken pursuant to the order passed by this Court and also produced postmortem certificate on 23.8.1999 and also produced the statement given by Dr. P.Rema, Professor and Police Surgeon, Forensic Science and Medicines, Medical College Hospital, Thiruvananthapuram, who was one of the Doctors who conducted the postmortem. The above expert opinion shows that the death was due to forearm injuries.

(3.) A detailed counter affidavit has been filed for and on behalf of respondents 6 and 7. The following facts are revealed from the counter affidavit filed by respondents 6 and 7. On 20.8.1999, Constable Rajeev. S. was on duty at Gate No. 2 Bhawan upto 2100 hrs and after completion of his duty, he returned to his barrack and watched T.V. for sometime in the retiring room. Thus, he was present there upto 2330 hrs. and after that, he went to meet one Constable Rajan at about 2400 hrs. He woke him up and requested him to accompany him for a darshan in the temple. But, Constable Rajan refused the same as he was tired. Thereafter, the deceased Rajeev went alone for darshan and he happened to meet the poojari outside the main cave and the Poojari asked him why he came at that odd hour and directed him to come in the morning for darshan. But the deceased Rajeev replied to the poojari "MATA KE DARSHAN JAB HO KARLENA CHAHIYE, KAL KISNE DEKHA HAI" and then he had his darshan and come back to his room and woke up one Constable Mangleshwar Tiwari of E/34 and told him that his platoon commander was calling him. Accordingly, the said constable went to meet the commander, but returned as the commander was not available there. While the said Constable returned back and as he was approaching his room, he heard a sound of gunshot fire at a distance of 15 yards from his room. He suddenly rushed to the room and found that Constable S.Rajeev was lying on the floor in an injured condition. Blood was oozing out from his head and neck. He found that nobody was there in the room. The line sentry on duty, Constable Ram Vilas Sharma also reached the spot immediately. Thereafter first aid was given to the injured and he was rushed to Sagri Suri Hospital at Sanjhi Chaat where he was attended by doctor at Sanjhi Suri Hospital and Medical Inspection Room at Adh Kumari enroute and further shifted to Katra Hospital and at about 0430 hrs he was declared dead by the Medical Officer at Katra Hospital. On the same night on 21.8.1999, at about 0130 hrs., F.I.R. No. 12/1999 under Section 309 Cr.P.C. was lodged at the Police Station, Bhawan. Ext.R7(a) is the F.I.R.