RAHALAKSHMI Vs. SUPERINTENDENT OF POLICE, THANJAVUR

JUDGEMENT

(1.) The Petitioner has come forward with a Petition seeking for a direction to the Second Respondent-Police to alter and add Section 302, I.P.C. in Crime No. 28 of 2013 on the file of the Second Respondent. The Petitioner is the wife of the deceased Anbalagan and he was attacked by the Accused on 25.1.2013 and a case was registered by the Second Respondent-Police under Sections 342, 323, 324 & 506(ii), I.P.C. after five days of the incident. The Police also submitted a Final Report on 15.2.2013 and within a period of 20 days, the entire process has been completed and hence, no proper enquiry or investigation was done was the contention of the Petitioner.

(2.) The Petitioner submitted that the Post-mortem was conducted only on 3.4.2013 and when the matter is pending before the Police, they could have invoked Section 173(8) of Code of Criminal Procedure, 1973 and conducted proper investigation/enquiry.

(3.) It is the case of the Petitioner that her husband was attacked with a log and aruval and he sustained injury and took treatment as in-patient in the Hospital and subsequently, discharged. Because of the head injury, the husband was not fully recovered and on 30th March 2013, due to the side effect of injury, he fell on the floor and injured again and admitted in the Hospital and died thereafter. The Petitioner submitted that the case squarely falls under Section 302, I.P.C. and instead of adding these charges to the charge-sheet, the Police has closed the entire matter invoking Section 174 of the Code of Criminal Procedure, 1973.