POOMANI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C for transferring Cr.No.134/2007 registered on the file of Arani Rural Police Station to the file of the Inspector of Police, CBCID, Vellore for fresh investigation.

(2.) THE petitioners herein are the parents of deceased Vinayagam, who was a sippoy in the Indian Army. When he had come on leave, he was reported to have met with a road accident on 16.04.2007 and admitted at the first instance in Government hospital, Arani. Later on he was referred to the CMC hospital, Vellore, as the Government hospital, Arani did not have the facilities to provide proper treatment since the condition of the deceased was critical. Thus, he was admitted in the CMC hospital, Vellore in the intensive care ward for treatment. One Priyadarshini was the wife of the deceased Vinayagam. As the family members of the deceased, including the petitioners herein desired to have the treatment for Vinayagam in the Military hospital at Tambaram, Chennai, they took the deceased from CMC hospital, Vellore to Chennai. But, unfortunately, on the way to Tambaram, the deceased Vinayagam breathed his last and the petitioners took the dead body back to the Government hospital, Arani, where autopsy was conducted.

(3.) THE petitioners contend that their son Vinayagam, who had come to his native place in the first week of April 2007, went to Arani along with the petitioners to borrow money from State Bank of India, Arni branch that the petitioners returned home at about 9.15 p.m that the deceased Vinayagam on receipt of a call from his wife Priyadharshini proceeded to Satthu Madurai village in Vellore District to meet his wife that the petitioners, on reaching their village contacted the deceased Vinayagam over phone using a public telephone when they contacted at 10.00 p.m that Vinayagam who answered the call, during the middle of the conversation, abruptly disconnected the call that within 15 minutes thereafter, at about 10.15 p.m, they received a phone call from Priyadharshini, wife of Vinayagam informing the petitioners that Vinayagam was injured in an accident and was admitted in the government hospital, Arani that when they went to Arani government hospital, they informed them of the shifting of the deceased to CMC hospital, Vellore that when they visited CMC hospital at about 11.30 p.m on 16.04.2007 they saw Vinayagam in coma stage with injuries on left cheek, eye, forehead and back that the doctors compelled the petitioners to take the deceased home as he would not survive that at that point of time, Priyadharshini, wife of Vinayagam, her mother Parimala, her father Perumal Gounder and three persons viz. Vilwanathan, Kumar and Krishnamurthy were present in the hospital that the petitioners were able to see the absence of any remorse in the face of Priyadharshini that after the death of their son, they came to know that there was a foul play on the part of the Priyadharshi and the members of her parents' family and that the petitioners believed that the deceased was murdered by the henchmen of Priyadharshini.