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2005 DIGILAW 734 (MAD)

P. Sekar v. The Inspector of Police & Others

2005-04-26

M.CHOCKALINGAM

body2005
Judgment :- (This criminal original petition is filed under Sec.482 of the Code of Criminal Procedure praying to withdraw the case pending in Crime No.127 of 2005 on the file of the first respondent police and transfer it to the fourth respondent for proper and expeditious investigation.) This O.P. has been brought forth seeking the transfer of the investigation in the case in Crime No.127 of 2005 on the file of the first respondent namely the Inspector of Police, Town Police Station, Bodinayakkanur, Theni District, to the fourth respondent, the CB CID, Madras. 2. It was a case of death of a girl of 11 years old by name Anandhi, the daughter of the petitioner herein. The petitioner has been a resident of Kaspa Maniyar Lane, East Street, Bodinayakkanur. One Pushpammal, aged more than 80, was living in a house situated at a distance of two furlongs. The said Pushpammal, a widow, had developed affection over the girl. The girl was in the habit of going over to her house and staying with her for hours. On the date of occurrence namely 22.3.2005, the girl left for the School as usual. At about 11.00 A.M., the said Pushpammal came to the house of the petitioner along with the girl and informed that she took the girl to the Municipal Office for payment of tax that day. When the said Pushpammal left the house at about 1.00 P.M., she took the girl. At about 2.45 P.M., the wife of the petitioner went to the house of Pushpammal and found her daughter with Pushpammal. The said Pushpammal told the mother of the girl that the girl was eager to take "rice puttu", and it has got to be prepared by the mother and to be sent through the petitioner in the evening. 3. At about 5.15 P.M., a tenant of Pushpammal came to his house and informed that there was something wrong to the daughter of the petitioner and asked him to rush over to the house of Pushpammal. He rushed over there and found his daughter in a hanging position. Entertaining suspicion over the same, he went to the Police Station and gave a complaint at about 8.30 P.M. The first respondent and the Sub Inspector of Police along with a Photographer came to the place of occurrence. He rushed over there and found his daughter in a hanging position. Entertaining suspicion over the same, he went to the Police Station and gave a complaint at about 8.30 P.M. The first respondent and the Sub Inspector of Police along with a Photographer came to the place of occurrence. When they came to the place, Pushpammal was not present, and one Vasu, Shanmugam and Pushpam who were all originally present in the place, were also found absconding. A few photographs were taken, and the police recovered the jute thread, the wet shawl and the pant of the girl. A case under Sec.174 of Cr.P.C. was registered, and the investigation was taken up. The inquest was conducted by the Investigating Officer, and the body was sent to the Government Hospital for the purpose of conduct of autopsy. Accordingly, the postmortem was conducted by a team of Doctors. After examining the witnesses, the case was closed as one of commission of suicide. At that juncture, the petitioner, who is the father of the girl, has brought forth this O.P. seeking the relief. 4. The Case Diary pertaining to the said crime number was summoned and perused by the Court. The Court heard the elaborate arguments of the learned Counsel for the petitioner and also the reply of the learned Government Advocate for the respondents. 5. After careful consideration of the rival submissions made and scrutiny of the materials, the following suspicious circumstances are noticed by this Court. (i) Admittedly, at the time of the occurrence on 22.3.2005, according to the prosecution, the deceased Anandhi was in the company of Pushpammal. The materials and in particular, the observation mahazar and the sketch available, would go to show that Pushpammal's house is a tiny one consisting of a few rooms. A perusal of Sec.161 statement of Pushpammal aged 82 years, would clearly indicate that she was actually sitting in the house and taking the wheat powder for preparing Chappathi, and at that time, the girl went inside the room. When she called the girl to bring water, she did not hear her voice, and hence, she went inside to see the girl hanging. According to her statement, the girl was found hanging in a jute thread. When she called the girl to bring water, she did not hear her voice, and hence, she went inside to see the girl hanging. According to her statement, the girl was found hanging in a jute thread. From the very reading of the statement, it would be quite clear that the entire occurrence could have taken place within a few minutes, which would naturally cast a suspicion that either the lady should have been absent at the time of occurrence, or if she was present, she suppresses the true state of affairs. (ii) It is an admitted position that the girl was grown up, aged 11 years, and would be with sufficient weight. For hanging purpose, she used the jute thread, according to the prosecution. This is the second improbablising circumstance. (iii) Admittedly, the petitioner's house is situate within a few furlongs. On information, he reached the occurrence spot, and even before he reached the occurrence spot, a few of the relatives of the said Pushpammal namely Vasu, Shanmugam and another Pushpam were present at the place of occurrence. Even in his Sec.161 statement, the petitioner has clearly stated that the relatives of Pushpammal opposed the said lady's desire to take the girl in adoption, since they felt that if the adoption took place, she could give her property to the girl, and hence, he entertained a suspicion over them. (iv) The petitioner has averred that the injuries were found on the upper lip, which is quite evident from the photograph produced before this Court. (v) According to the petitioner, a swelling was noticed in the private part of the girl. The Investigating Officer has not taken into account how such injuries could have been caused, had it been a suicide by hanging. (vi) Apart from that, the hyoid bone was found in tact, according to the opinion of the Doctors. Ordinarily, the hyoid bone in a case of death by hanging, would not be in tact, and if not so, it is an exceptional one. Hence, the Investigating Officer should have entertained a doubt over the same. (vii) The ligature mark was found around the neck. In order to find out whether that injury around the neck was one postmortem or antemortem, the muscle tissues should have been separated and should have been sent for analysis, but not done in the case. Hence, the Investigating Officer should have entertained a doubt over the same. (vii) The ligature mark was found around the neck. In order to find out whether that injury around the neck was one postmortem or antemortem, the muscle tissues should have been separated and should have been sent for analysis, but not done in the case. (viii) According to the petitioner, the rafter is situated 8 feet above the ground level. The petitioner has averred that it is true that there was a knot found on the jute thread in the rafter, but not around the neck, and this is yet another circumstance. (ix) The petitioner has averred that the panty what was found in the body, was not of the girl, and also a jetty was found, which was not of her, but belonged to a male. 6. Thus, all the above circumstances, in the opinion of this Court, were suspicious circumstances. 7. While all these circumstances are available, it was a fit and proper case where immediate information should have been given to the concerned Executive Magistrate as one contemplated under Sec.174 (i) of Cr.P.C. In the instant case, no intimation was given to the Executive Magistrate at all for the reasons best known to the Investigating Officer; but, he himself has conducted the inquest and closed the matter. 8. The contention put forth by the learned Government Advocate for the respondents that a team of Doctors have conducted the postmortem, and they have not noticed any injury cannot at this stage be accepted in view of the availability of the photograph pointing to the injuries found in the upper lip. 9. The next contention put forth by the learned Government Advocate that number of witnesses were examined would be of no avail, since all the persons have only come to the occurrence spot subsequently. What took place at that place is so important; but, they have not been looked into. 10. All the above would clearly indicate that the investigation has not been properly done and that too in a case, where a girl died out of suspicious circumstances. Therefore, this Court is of the view that all these circumstances would warrant for the re-investigation of the matter afresh. 10. All the above would clearly indicate that the investigation has not been properly done and that too in a case, where a girl died out of suspicious circumstances. Therefore, this Court is of the view that all these circumstances would warrant for the re-investigation of the matter afresh. It is brought to the notice of the Court that now the case has also been closed, and hence, it has become necessary that the re-investigation has to be done. Apart from that, for the purpose of the conduct of autopsy afresh, the body has got to be exhumed. Under the circumstances, the Court feels that the whole C.D. file has got to be transferred from the hands of the first respondent to the CB CID, Madras, the fourth respondent herein, for the conduct of the investigation afresh in order to unfold the truth and place before the Court. Apart from this, the exhumation of the body has got to be done in the presence of the R.D.O. concerned and following the necessary formalities, and the postmortem afresh has got to be conducted by a team of Doctors, who are attached to the Rajaji Government Hospital, Madurai, in order to find out whether it was a case of rape, suicide or murder. For all these purposes, the Court has to necessarily issue the following directions. (1) The matter is ordered to be transferred from the first respondent to the CB CID, Madras. (2) The exhumation of the body should be done in the presence of the R.D.O. concerned. (3) The inquest should be conducted by the R.D.O. concerned. (4) The postmortem should be done by the team of Doctors attached to the Rajaji Government Hospital, Madurai. (5) The fourth respondent CB CID is directed to proceed with the matter and complete the investigation in accordance with law. 11. In the result, this criminal original petition is ordered in the above lines. Consequently, connected Crl.M.Ps. are closed.