D. JAYAMANI Vs. STATE

JUDGEMENT

(1.) The petitioner is the mother of the deceased Gopi @ Gopal filed this petition seeking transfer of investigation in Crime No. 176 of 2013, from the file of the 2nd respondent to the file of 3rd respondent or 4th respondent.

(2.) The brief facts is that the petitioner's son, an Ex-service man was carrying on chicken business in the name of Shanthi Feed Private Limited at Gudiyatham. The petitioner's son family consists of his wife and two daughters. On 29.09.2013 at about 01.00 p.m, the petitioner's son was taken into illegal custody by the police in connection with Crime No. 479 of 2013 for the offence under Sections 302, 201 and 120(b) of IPC for committing murder of one Sugumar Vathiyar along with one Dharani and Sengkodi . Thereafter, police personnel informed that the petitioner's son died by committing suicide at Melapatti Police station by means of lead chain, in which he was tied. The deceased was taken to the Primary Health Centre at Melpatti. The doctor examined the petitioner's son advised to take him to Gudiyatham Government Hospital, wherein he was declared dead. The mode and manner in which the petitioner's son was taken to the hospital, reporting his death and the injuries found in his body does not corroborate the version of the police. It is a clear case of custodial death. Though the case in Crime No. 176 of 2013 was registered for the death of her son, no worthwhile investigation was done. Hence, the petitioner sought for transfer of investigation. Further, the petitioner has produced the order of the State Human Rights Commission, Tamil Nadu in SHRC Case No. 7867 of 2013 and 8358 of 2014 filed by the deceased's/Gopal wife Sumalatha and her father-in-law. The said complaint was against K. Sundaram, Deputy Superintendent of Police, Gudiyatham sub-Division, Vellore, M. Muralidharan, Inspector of Police, Gudiyatham Taluk Police, Station, Vellore, K. Inbarasan, SSI, Gudiyatham Taluk Police Station, Vellore, S. Umachandran, Head Constable, Gudiyatham Taluk Police Station, Vellore. After full-fledged enquiry, the State Human Rights Commission, Tamil Nadu passed an order dated 20.11.2018. The relevant portion of the order is extracted here under:-

(3.) The learned Additional Public Prosecutor appearing on behalf of the respondent 1 to 3 filed a status report dated 19.09.2019. The relevant portion is extracted here under:-