P.USHA v. STATE OF KERALA

K.R. UDAYABHANU, J.W.P.C.NO.3533 OF 2006DATED THIS THE 6TH DAY OF NOVEMBER 2006JUDGMENTThe petitioner, who is the wife of Sri. K.B.Radhakrishnan, aged34 years, who was, according to the petitioner, brutally murderedbetween 8.30 p.m. of 13-11-1998 and 7 a.m. on 14-11-1998, hassought for further investigation in the matter by the Central Bureau ofInvestigation. It is submitted that the deceased was running a parallelcollege at Chingoli Junction and there was stiff competition. On 13-11-1998 at about 8 p.m., the deceased left the house saying that hewould return soon. He was in the habit of going out at night to keepan eye on the building and the premises of the parallel college as antisocial elements used to enter the place for illicit activities. It is alsosubmitted that the deceased was a Youth Congress activist. On thenext day the dead body of her husband was found in a twenty feetpit, dug for constructing septic tank. The deceased had no reason togo near the pit or the building under construction. The deceased wasvery much aware of the existence of such a pit. The petitionersuspects that he was murdered and thrown into the pit . The F.I.R. inthe matter was registered by the Kadakkal police and thereafter on WPC.3533/2006-2-account of the complaint submitted by the action council formed by thelocal people the case was handed over to the Crime Branch. According to the petitioner, the investigation by the Crime Branch wasalso found to be ineffective. It is pointed out that there were a numberof anti-mortem injuries on the body of the deceased. The fact thatthere was no progress in the investigation by the Crime Branch wasalso reported by the media. He has also produced the newspapercuttings, i.e. Exts.P3 and P4 in this regard. It is alleged that the localM.L.A. has handed over a copy of letter addressed to him wherein it ismentioned that one person by name P.D.P.Raju is responsible for theincident, produced as Ext.P5. It is further pointed out that “huge”blood stains were found near the place of occurrence and the samewas found to be human blood. The explanation of the Crime Branchthat the above blood stains would have been caused from the feet ofsome persons who had crowded at the place as they would havestepped on some broken glass pieces or metallic objects. It issubmitted that the refer report filed by the Crime Branch should berejected and further investigation by the C.B.I. ordered.2. The C.D.was produced and the counsel for both sides heard.3. The postmortem certificate by the police surgeon shows thatthe death was caused due to head and chest injuries . Anti-mortem WPC.3533/2006-3-injuries noted are fracture of seventh thoracic vertebra, fracture ofmultiple ribs, laceration on the lung, fracture of sternum and a fewabrasions and contusions. The C.D.has disclosed that the medicalopinion is to the effect that the death could have been caused due tofall into the septic tank pit and that the injuries that was noted in thepost mortem certificate can be caused due to the fall into the pitwhich had a depth of 5.69 metres. The C.B.C.I.D.team has questionedexactly 100 persons of the locality apart from the police surgeon. Thefinding of the investigating officer, i.e.Detective Inspector, CBCID isthat while the deceased, who was proceeding to the premises at thetutorial college through the pathway near the pit, would have fallentherein walking in an absent minded manner and the fatal injurieswould have resulted. The investigation revealed that the deceasedhad no enemies as such. Blood stains found near the scene ofoccurrence on the grass and dried leaves that might have been due toinjuries caused from the feet of somebody who had assembled andwhen their feet came into contact with pieces of glass or sharp metallicobjects that would have been thrown away from the workshop of theblacksmith situated nearby. It is also mentioned that the services ofthe dog squad was also utilised in investigation. It is also pointed outthat the deceased was a healthy person and it was not easy to over WPC.3533/2006-4-throw him without leaving any evidence of scuffle. It is also pointedout that the death was on account of the internal injuries. There wasno particular external injuries as such.4. On a perusal of the C.D., I find that somewhat exhaustiveinvestigation has been conducted by the Crime Branch. There is nocase that the deceased had any enemies as already noted above inparticular. Involvement of any inter-state criminal gangs is notsuspected. In the circumstances, I find that the investigation by theCentral Bureau of Investigation is not warranted. All the same, theSuperintendent of Police, CBCID, Kollam is directed to verify theinvestigation carefully and if required, the same is to be reopened. Verification shall be done at the earliest at any rate within two monthsfrom the date of receipt of a copy of this judgment. The writ petition isdisposed of accordingly. K.R.UDAYABHANU, JUDGEks.