L. RAJABATHAR Vs. STATE

JUDGEMENT

(1.) THE above criminal original petition has been filed under Section 482 of the Criminal Procedure Code seeking for a direction for reinvestigation of the case in Crime No.229 of 2002 on the file of the respondent.

(2.) THE petitioner lodged a written complaint before the respondent on 12.3.2002, stating that his son L.R. Paranthaman had married one Nalini, D/o. Dakshinamurthy on 19.2.1999; they lived together for a short time and thereafter due to misunderstandings they got themselves separated and Nalini left for her parental home; thereafter she had filed a divorce petition in the family Court and the said petition was pending; due to grief caused by the separation of his wife and due to the mental stress and due to the appearance in the Court his son appeared tired in the previous day and he was missing thereafter and on the morning of 12.3.2002 on information received that a dead body of a male was found near the sea -shore; he went and saw the body and identified the same as that of his son and on the aforesaid allegations he requested the respondent to conduct the enquiry and hand -over the body.

(3.) ON the basis of the said complaint a case in Crime No.229 of 2002 had registered under Section 174, Cr.P.C.; investigation was taken up by the Sub -Inspector of Police, Pattinapakkam Police Station, Pattinapakkam, Chennai; The Sub -Inspector of Police went to the scene of occurrence and inquest was conducted in the presence of the Panchayatdhars and witnesses and after the inquest, the dead body was sent to the Government Royapettah General Hospital, Chennai, for post -mortem and on the same day the following persons namely, the petitioner, his wife -Yamuna Devi, Jaganathan, Nalini, W/o -the deceased -L.R. Paranthaman, Vijayalakshmi -mother -in -law of the deceased, were examined and their statements recorded; on 4.4.2002, the Investigating Officer enquired the doctor -R. Bhaskar who conducted the post -mortem on the dead body and recorded his statement; according to the opinion of the doctor, who conducted the post -mortem, the deceased would appeared to have died of asphyxia due to drowning with insecticide (Carbonate) poisoning; accordingly the respondent submitted a final report on 15.4.2002 to the Tahsildar, Triplicane -Mylapore Taluk, Chennai 28 and further action was dropped; since the materials collected during the course of investigation reveal that because of the pendency of the divorce case before the family Court, Chennai, and family problem and the illness of the deceased he wanted to end his life and he himself decided to commit suicide.