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2010 DIGILAW 5175 (MAD)

Murugammal v. The Superintendent of Police

2010-11-26

G.M.AKBAR ALI

body2010
Judgment :- 1. The petition is filed seeking a direction to the respondents to re-investigate the case in Cr.No.252/2010 on the file of the third respondent and investigate the case in accordance with law. 2. A case has been registered by Krishnagiri Town Police inCr.No.252 of 2010 for the offence punishable under Sec.279 and 304(A) IPC. The complainant is one Shivakumar. 3. According to the complainant, on 7.3.2010, around 12.15 a.m, the complainant and one Selvakumar, who is the sisters husband of the complainant,were travelling in the motorcycle, bearing Registration No.TN23 BY 3879 from Pantharapalli at Thiruvannamalai-Krishnagiri National Highways. It is further stated that the said Selvakumar was riding the motor cycle and the complainant was the pillion rider. According to the complainant, at the junction of Thiruvannamalai-Krishnagiri – Chennai -Bangalore National High Ways, a lorry whose registration number is not known, was driven in a rash and negligent manner and dashed against the motor cycle and the complainant had fallen down and fainted. He woke up after some time, and went in search of his brother-in-law and found the body in a distant place with multiple injuries. 4. The case was treated as "an accident caused by an unknown lorry and the Inspector of Police conducted inquest and post mortem has also been conducted. 5. The petitioner, who is the mother of the deceased, gave a complaint to the Inspector alleging that the said complainant was inimical towards her son and suspected the death of her son and requested for reinvestigation. She had alleged that her son and the sister of the complainant had an affair and her son was forcibly married and was not allowed to visit his parents house. It is further alleged that the deceased had complained to the petitioner that the complainant was inimical towards the deceased. 6. Since the respondent has not taken any action on the complaint dated 21.4.2010, she has approached this Court by invoking the inherent powers under Sec.482 Cr.P.C for further investigation. 7. Mr.C.S. Vijayakumar, the learned counsel for the petitioner would submit that a leg less body of the deceased was recovered by the police in one place and the legs were found in another place and no such injury can be caused in a road accident. 7. Mr.C.S. Vijayakumar, the learned counsel for the petitioner would submit that a leg less body of the deceased was recovered by the police in one place and the legs were found in another place and no such injury can be caused in a road accident. The learned counsel also pointed out that the alleged place of occurrence is a junction of National Highway and the body was found in a state Highway and the amputation of leg and the injuries found on the body of the deceased would clearly show that it is a case of homicidal violence and not an accident. 8. The learned Public Prosecutor would submit that on the complaint given by one Shivakumar, a case has been registered for the offence under Sec.279 and 304 IPC. The learned counsel submitted that on examination of the witness, both in the inquest as well as under investigation, it was found that an unknown lorry had dashed against the motory cycle and the deceased was dragged by the lorry for some distance and in front of Samuthuvapuram at Kuppam Road, on a speed breaker, the body was found with multiple injuries and the right leg was totally fracturered and amputated. As per the Post Mortem Report, the death was due to multiple injuries and therefore, there is no necessity to order for re-investigation. 9. The relevant portion in the first information is extracted as under: "TAMIL" 10. Col.7 of the Inquest Report would read as follows: 7. "TAMIL" 11. col.9 reads as follows: "TAMIL" 12. Therefore, according to investigating officer, the complainant and the deceased were travelling in a motor cycle from Thiruvannamalai Krishnagiri Natioinal Highway towards Krishnagiri and at the junction of Madras Bangalore National Highways, the lorry hit against the motor cycle, a hook of the lorry dragged the driver of the motor cycle for a distance and the body was dropped at Kuppam Road, where it was found. 13. The disturbing factors are as follows: The complainant and the deceased were traveling in the motorcycle in the National Highway and the accident had occurred at the junction of Bangalore- Chennai and Thiruvannamalai-Krishnagiri National Highway. The complainant had not sustained any injury, but would state that he sustained simple injuries and fainted. The damage to the motor cycle as per the inspection report "(i)front left side bumper slightly scratched (ii)head light shield left side slightly scratched". The complainant had not sustained any injury, but would state that he sustained simple injuries and fainted. The damage to the motor cycle as per the inspection report "(i)front left side bumper slightly scratched (ii)head light shield left side slightly scratched". After gaining consciousness, he searched for rider of the motor cycle and he was not there and specifically states that he searched with the help of the police and found the body of the deceased at Kuppam Road, which is very far. (7 km as per the sketch available with the case diary). 14. The right leg below knee was amputated and separated from the body. Both found in two different places. The inquest on the body of the deceased was not conducted where the body was found viz., on the speed breaker in front of Samuthuvapuram at Kuppam road. The inquest was conducted at the Mortuary of the Government Hospital, Krishnagiri. There are multiple injuries. Fractures on the rib bones and the post mortem report would reveal greasy oil stains all over the body. The observation mahazar regarding the place where the body was found did not disclose any oil stains. 15. A perusal of case diary would reveal that there are suspicious circumstances on the death of the deceased Selvakumar. It is unbelievable that in a road accident, the body was hooked to the lorry and was dragged for 7 kms and was dropped in a road bumper, in an isolated place. The pillion rider has not sustained any injuries but would state that he had fainted and that there is no damage to the motorcycle and the witnesses were examined to the effect that they went in search of the rider of the motor cycle, they followed the blood stains on the road and according to one witness, the body was found in one place and the amputated right leg was found in another place. 16. Therefore, I am of the considered view it is a fit case to be re-investigated as there is serious allegation of motive and the manner of accident is unbelievable. 17. Therefore, the criminal original petition is allowed. The Superintndent Of Police, Krishnagiri is directed to form a special team to investigate the Crime No.252/2010 on the file of the third respondent for re-investigation.