RAJASEKARAN Vs. THE STATE AND ORS.

JUDGEMENT

(1.) THE petitioner is the father of the deceased, namely, Kanthasenan and he is aggrieved by the closure report filed in Cr.No. 525 of 2012 registered by the first respondent with regard to the death of his son and came forward to file this Criminal Original Petition for transfer of the investigation to the third respondent, namely, CBI.

(2.) A perusal of the typed set of documents would disclose that the first respondent has registered a case in Cr.No. 525 of 2012 under Section 174 Cr.P.C., on 01.07.2012 and the contents of the F.I.R would disclose that at about 06.00 a.m, on that day, the wife of the deceased, namely, Kothai - the second respondent herein, has lodged a complaint stating that the marriage between her and the deceased was solemnised about 10 years back and due to wedlock, two children were born and she is employed as a Part -Time Teacher in Government Higher Secondary School, Iluppaiyur and her husband is employed as Assistant Veterinary Doctor, Government Veterinary Hospital, Kariapatti. She would further state that on 30.06.2012 at about 11.45 p.m., her husband came to the house and told that since it is hot and humid inside the house, he wants to sleep in the open terrace and accordingly, he went there and she and her children slept in the down portion. At about 05.00 a.m., when she opened the door, her husband was found dead with head injuries. She would further state that he had fallen from the terrace portion while he was in a sleeping mood and she has further stated that she has no suspicious in respect of the death of her husband.

(3.) THE learned Counsel for the petitioner would vehemently and forcibly contend that the marriage between the second respondent with the deceased was a love marriage and she was doing a business and in that process, she had developed intimacy with the Director of the business/Multi -Level Marketing and therefore, she murdered her husband and made it to appear as if he has fallen from the terrace on account of the influence of alcohol.