Dead are also to be respected. It would be against all cannons of a vivilised State to impose stigma on a dead man. 2. Balwlnder Singh son of the petitioner is dead. He was found hanging from a tree. The factum of death is a hard reality. Whether this was homicidal or suicide is not so. On this matter there is no definite medical opinion. Petitioner, father of the deceased is seeking benefit of Postal Insurance Scheme which insurance cover was availed of by the deceased. He has been denied this amount. He therefore through the medium of this petition seeks quashing of communication No. APS MN 129374 L/D APS 7A dated 20-11-1997 and communication No. APS NM-105682-L/D APS 7A dated 20-2-1998. By this policy No. APS NM-129374-L dated 23-4-1994 for Rs. 30.000/- and policy No. APS NM-105682-L dated 31-3-1994 for Rs. 20.000/- respectively have been cancelled. 3. Facts are as under : Balwinder Singh, son of petitioner, was enrolled in the Scinde Horse (14 Horse) on 21-10-1993. On 19-9-1995, petitioner received an information that his son is absent without leave from his Unit. One Hav. Dider Singh of the said Unit is said to have visited the house of petitioner on 23-9-1995. He wanted to know the where-abouts of Balwinder Singh. It is further stated that on this very day on 23-9-1995 dead body of Balwinder Singh was found hanging 2 Km away from the village of petitioner. This was in advanced state of decomposition. Chief Medical Officer Vijaypur who conducted the post-mortem was of the opinion that the death was caused by asphyxia. 4. His opinion is as under : "I am of the opinion from above findings and the circumstances that the deceased has died of asphyxia due to rope round the neck causing cardio-respiratory failure. The time since death at the time of postmortem is more than two days and less than five days." 5. The further fact is that son of petitioner had taken two postal life insurance policies. Petitioner made a claim. Application duly attested by the Sub-Post Master, Vijaypur was sent to the respondent authorities. However, respondents vide the impugned communications noticed above cancelled the insurance policies on the ground that the insurer committed suicide within two years of taking the policies. 6. Petitioner made a claim. Application duly attested by the Sub-Post Master, Vijaypur was sent to the respondent authorities. However, respondents vide the impugned communications noticed above cancelled the insurance policies on the ground that the insurer committed suicide within two years of taking the policies. 6. Petitioner in this petition submits that as the deceased had taken two postal life insurance policies, respondents should pay the insured amount to him. In para 12 of the petition it is submitted that petitioner was called upon to lodge the claim. This was done vide letter dated 6-10-1997. Petitioner did submit the claim. Later on vide letter dated 20-11-1997 the petitioner was informed that the policy has been cancelled. It is this communication which is subject matter of challenge in this petition. 7. The communication dated 6-10-1997 calling upon the petitioner to a submit the claim reads as under: DEATH CLAIM-PLEASE DO NOT DELAY APS-NM-129374-L/D/ADPS-A Addl. Directorate Gen APS C/o 56 APO Sh. Faquir Singh F/o Late Swr Balwinder Singh Vill Rara P.O. Vijaypur (GHO) Ten Samba, J. and K. Death claim against PLI Policy No. APS-NM-129374-L Held by 15462703 Swr Balwinder Singh. Sir, 1. We came to know that the above insurant has expired on 23 Sept., 1995. 2. We express deep sympathy and condolence on sudden and ultimately death of your beloved son. 3. Your son took the abovementioned PLI Policy which has been nominated in your name. Claim application (LI-9) is enclosed herewith. Please re-submit the same to this Directorate after completed by your and verified/ attested by Sub-Postmaster Vijaypur. 4. Please take an immediate action. Yours faithfully, Sd/- (V. T. Narayanan)Major, DDAPS (PLI)." 8. Stand taken by the respondents in Annexure H is as under : APS-NM-12937-L-D/APS-7A Director, Postal Life Insurance, 7, LK Oiaghat Street, Calcutta-700001. DEATH CLAIM AGAINST POLICY NO. APS NM-129374-L HELD BY 15462703 LATE SER BALWINDER SINGH Sir, The above insurant took the policy on 23 Apr 95 and committed suicide on 23 Sep. 95. 2. The policy No. APS-NM-129374-L dated 23 Apr. 95 for Rs. 30.000/- is being cancelled being void in terms of Rule 44 of Post Office Insurance Fund Rules on the insurant committed suicide within two years from taking policy. 3.The original policy document (LI-2D) is kept in case file duly cancelled. Yours faithfully, Sd/-(P. Manikkan) Major, DDAPS (PLI)." 9. 95. 2. The policy No. APS-NM-129374-L dated 23 Apr. 95 for Rs. 30.000/- is being cancelled being void in terms of Rule 44 of Post Office Insurance Fund Rules on the insurant committed suicide within two years from taking policy. 3.The original policy document (LI-2D) is kept in case file duly cancelled. Yours faithfully, Sd/-(P. Manikkan) Major, DDAPS (PLI)." 9. The basic reason for denial of the claim to the petitioner is that son of petitioner had committed suicide. Petitioner submits that there is no proof the Balwinder Singh had committed suicide. There was no previous history of petitioner having exhibited such a behaviour. Independently of the above, the postal life insurance scheme covers all type of risks. This is apparent from Annexure K. The risks covered are as under : "RISK COVER (a) Risk cover is full. No extra premium is recovered for War risk. All eventualities allowed. (b) PLI is a real insurance scheme. It covers all Types of Risk unlike some schemes claiming to provide insurance cover but only covers accident risk through Nationalised Insurance Companies (Please note that life insurance is Nationalised and no private company can offer full life insurance cover)." 10 . A perusal of the above, it is urged would indicate that this policy cover all types of risks. Thene is no exception made that if somebody commits suicide then the policy would be rendered void. 11. Respondents do admit that the deceased had taken two postal life insurance covers. These policies were taken on 31-3-1994 and 23-4-1995. In the objections, the stand taken is that as per Rule 44 of the Post Office Insurance Fund if an insurant commits suicide within two years from the issue of the policy, the policy would become void. Such is not the condition contained in the brochure above referred. Independently of the above the question arises as to whether this is a case of suicide. There is no finding anywhere that Balwinder Singh had committed suicide. Such was not the stand taken by the respondents in their letter dated 6-10-1997. Doctor, who had examined the dead-body has nowhere stated that it was a case of suicide. The opinion given by the Medical Officer, PHC Vijaypur is reproduced again :- "I am of the opinion from above findings and the circumstances that the deceased has died of asphyxia due to rope round the neck causing cardio-respiratory failure. Doctor, who had examined the dead-body has nowhere stated that it was a case of suicide. The opinion given by the Medical Officer, PHC Vijaypur is reproduced again :- "I am of the opinion from above findings and the circumstances that the deceased has died of asphyxia due to rope round the neck causing cardio-respiratory failure. The time since death at the time of postmortem is more than two days and less than five days." 12. As per the Doctor the duration of death could be more than two days, but less than five days. The body was completely decomposed. The external injuries which were found by the Doctor are as under : "A ligature mark around the neck with the rope, with knot on the back side, below the occipital region. Rope is tightened as the neck and face are swollen." 13. From the report of the Medical Officer, who had examined the deceased it becomes apparent that the death is by hanging. He has nowhere opined that this is a case of suicide. 14. All deaths occurring on account of hanging are not suicide. There are cases where dead body is suspended after murder with a view to give an impression that the death was suicide. Some instances are quoted in Modis Medical Jurisprudence and Toxicology Butterworths, edition at page 259. In one case dead body was hanging by a rope. The autopsy revealed no external injury except a ligature mark on the middle of the neck. Nevertheless taking note of various factors death by suicide was ruled out. In another case where a prisoner got himself free from the custody of a police constable and had killed him and thereafter hanged him from the branch of a tree it was established that this was a case of homicide rather than of suicide. Some other cases are also mentioned at page 260. The distinguishing features between hanging and strangulation are indicated at page 270 of the above book. The learned author also take note of the fact that with a view to determine as to whether the death is homicidal or suicidal, the condition and mark on the rope, the tree-branch from where the body was suspended, marks of violence, if any, on the ground should be examined. 15. In the present case, there is no such examination. The learned author also take note of the fact that with a view to determine as to whether the death is homicidal or suicidal, the condition and mark on the rope, the tree-branch from where the body was suspended, marks of violence, if any, on the ground should be examined. 15. In the present case, there is no such examination. Nobody has taken any step with a view to record a finding as to how this is a case of suicide. The opinion of the Doctor is silent. Even a dead man is entitled to some respect. Dubbing him as a man who could commit suicide would amount to casting a stigma on him. The law of the Land-Civil and Criminal-protects a dead man also. If a decree passed against a dead person or trial against a dead man is a nullity, then the least which was required in this case was to record some reasons for the conclusion that this is a case of suicide. This has apparently not happened in this case. The evidence on the basis of which a finding could be recorded i.e. whether this is a case of suicide or not cannot be now recorded. Evidence and material which could be available is no longer available. Nobody has cared to take notice of the condition of the rope or of the tree from where the dead body was found. Nobody noticed the marks on ground from where the dead body was found hanging. Whether these marks on the rope indicated upward or downward drag and how pressure came to be exerted on the rope have not been noticed at all. Therefore, the view expressed by the respondent that this was a case of suicide is held to be based on no evidence and cannot be given effect to. 16. Therefore, it is held that the unilateral decision taken by the respondents that it is a case of suicide is a decision which is not based on any factual foundation. I am accordingly, of the view: (i) that in terms of the conditions given in the brochure all types of death are covered; (ii) ,_there is absolutely no finding of and authority that the death was on account of: suicide. I am accordingly, of the view: (i) that in terms of the conditions given in the brochure all types of death are covered; (ii) ,_there is absolutely no finding of and authority that the death was on account of: suicide. The unilateral decision taken by the respondents is not sustainable; (iii) that at the spot where the dead-body was found hanging there was nothing to indicate as to how and under what circum stances the deceased was able to hang him self. The existence of the knot at the back if suggestive of the fact that this could be done by a third person also. 17. In the connected writ petition No 222/2000 decided today a specific stand has been taken in ground (h) by the petitioner This paragraph is re-produced below : "(h) That it is astonishing that the Doctor has given his opinion that the deceased had died of Asphysia due to rope round the neck causing cardio-respiratory failure. He further says that time since death at the time of post-mortem is more than two days and less than five days. However, it is pertinent to mention that in a reported case dead body was sent for post-mortem examination. The doctor prepared the spot map and did the autopsy and found one incised would 5" x 2" x 1" on the right neck of the deceased and the Muscles were cut. The Doctor gave his opinion that since there was putrefaction of both the dead bodies it could not be said whether the injuries were post-mortem or ante-mortem." 18. There could possibly be no rebuttal and in fact there was no reply to this. 19. Therefore to say that the death was on account of suicide is an argument which cannot be accepted. The possibility of injuries having been inflicted on the person of the son of petitioner and thereafter hanged by third person cannot be ruled out. Before parting with this judgment reference be made to a decision reported as Charanjit Kour v. Union of India Service Ruling Volume 13 page 100. In this case the officer had died under mysterious circumstances. The result of enquiry was kept secret. The dead body of the deceased was found with 98% burns. The stand of the State was that he had gone to attend some private business. In this case the officer had died under mysterious circumstances. The result of enquiry was kept secret. The dead body of the deceased was found with 98% burns. The stand of the State was that he had gone to attend some private business. This aspect of the matter did not find favour with Supreme Court of India and the petitioner was held entitled to pension. In this view of the matter the stand of the respondents that petitioner is not entitled to the benefit of the Postal Insurance Cover cannot be sustained. This petition is allowed. Let the amount be released within two months from the date of receipt of copy of this order. Petitioner to get interest at the rate of 9% for the arrears. In case payment is not released in terms of the order passed by this Court then the rate of interest would be 12%. 20. Disposed of as such. Petition allowed.