S MANJULA Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to direct the 3rd respondent/inspector of Police to take over the case in Crime No. 8 of 2007 from the file of the 2nd respondent for investigation and proceed with the same as per law within the time frame fixed by this Court.

(2.) THE petitioner has filed an affidavit stating that she is a widow and has three children and that she has a meagre income. Her husband, Late Shanmugham was a functionary in D. M. D. K. Party. He contested as a DMDK candidate against a pmk Candidate, one Papi @ Govindasamy in the Local body election. The said govindasamy threatened the petitioner's husband to withdraw his nomination. The election result declared that an ADMK candidate has been elected. After declaration of election results, the defeated candidate Govindasamy and his supporters started to develop enmity with the petitioner's husband. A false case was also registered against her husband in Crime No. 436 of 2006 on an alleged offence under Sections 147, 148, 323, 324 and 307 of IPC. Her husband also was enlarged on bail in the said case. On 04. 12. 2006, the said Govindasamy and 13 others came to the petitioner's house with wooden sticks and used abusive language and thrashed them. The same was informed to the 2nd respondent through telephone and police protection was sought. This was not done. Thereafter, the petitioner's husband lodged a written complaint with the 2nd respondent police on 04. 12. 2006. No action was taken on the complaint.

(3.) ON 04. 01. 2007, the petitioner's husband went in search of two goats which were missing. The petitioner's husband did not return within reasonable time. So, the petitioner's father-in-law and others went in search of him. The petitioner's father-in-law saw a gang near the pond near Vembamedu, who had immediately dispersed on seeking him. The petitioner's father-in-law was shocked to see the petitioner's husband lying in the shallow pond with injuries. The petitioner and others rushed to the spot. On the way, the said Govindasamy and 8 others were seen running from the opposite direction. The petitioner's husband was immediately taken to hospital, where the Doctor declared that he was dead.