LAWS(MAD)-2008-2-251

MUNIAMMAL Vs. SUPERINTENDENT OF POLICE

Decided On February 16, 2008
MUNIAMMAL Appellant
V/S
SUPERINTENDENT OF POLICE, KANCHEEPURAM DISTRICT Respondents

JUDGEMENT

(1.) THIS petition has been filed, praying for a direction to the CBCID, Chennai, to further investigate the case in Crime No.33 of 2007 on the file of the respondents, on the basis of the complaints, dated 21.01.2007, and 06.03.2007, given by the petitioner, by exhuming the body of her son.

(2.) PETITIONER is the mother of the deceased Muniyan, who was aged about 26 years at the time of his death. The deceased was working in Siva's canteen in Kattankolathur. On hearing that her son was missing, she rushed to Siva's canteen and got shocked, while she was exposed to an infelicitous scenario, seeing the body of her son, hanging from a branch of a tree. It is stated in the petition that the dresses worn by the deceased were fresh, without any wrinkles. She smelt a rat on the death of her son. According to her, her son has been cruelly tortured by his employer with the aid of co-workers, namely, Senthil, son of Kannan and Venkatesan, Murthy, the security personnel of the said canteen and the Canteen Manager. It is further added in the petition that there was no reason for the deceased to commit suicide and the above said persons might be the perpetrators of the crime.

(3.) PER contra, learned Government Advocate (Criminal Side) would submit that the absence of external or internal injuries on the person of the deceased would clearly show that it is a classical instance of suicide and the affidavit filed by the second respondent would also clarify any doubt that the investigation had gone in proper direction, after getting a final report from the doctor to the effect that the deceased would appear to have died of asphyxia due to hanging (viscera negative for poison).