SAJINI v. STATE OF KERALA

The contentions of the petitioner, as averred in the writ petition, are that, on 27.03.2021 at about 9 p.m., the husband of the petitioner got a call and messages in his phone from the accused, which contained abuse and challenge. Because of such abuse and challenges, the petitioner's husband got irritated and went to the accused's place. Thereafter, by 9.30 p.m., as the husband did not return, she called her husband's mobile phone, and Divya, the wife of the accused, attended the same. She had told the petitioner that her husband sustained a head injury, and they are at E.M.S hospital, Pathanapuram. She also informed that, they will come back very soon. Thereafter, at about 10.30 p.m., the accused, along with his wife, brought the husband of the petitioner with head bandages and requested the petitioner to intimate them, if the husband is vomitting during the night. Later, during the night, the husband vomited, and upon being intimated, the accused, his wife Divya and his brother Aneesh, with his wife Bindu, came to their residence and took the petitioner’s husband to EMS hospital Pathanapuram again. It also alleged that the petitioner was not allowed to accompany them as she was informed that as his children were alone in the house, they would take care of her husband. Later, the petitioner was informed that her husband was taken to Government Taluk Hospital, Punalur, for a C.T. scan and from there shifted to Medical College Hospital, Thiruvananthapuram. The petitioner could meet her husband only in the morning; by that time, WP(CRL) No. 734 of 2022 4 he was unconscious. While undergoing treatment, the husband of the petitioner died on 2.4.2022. The Police registered the crime in such circumstances.

3. The specific case of the petitioner is that the husband of the petitioner and the accused were in inimical terms in connection with certain messages exchanged in a Whatsapp group, viz. “Chengathikootam”, in which both the parties were members. The murder was committed by the accused when the husband of the petitioner was passing through the road in front of the residence of the accused after obstructing him and hitting him with a stone. According to the petitioner, the police were not conducting a proper investigation, and therefore, the aforesaid prayers were sought.

4. A detailed statement has been submitted on behalf of the 2nd and 3rd respondents. As per the said statement, the incident occurred in the manner as follows: (i) On 27.03.2022 at about 9 p.m., the deceased reached in front of the house of the accused on his motorcycle. Thereafter, the deceased started uttering filthy language, consequent to which the accused assaulted the victim by pulling him down from the motorcycle, and thereupon, he sustained a head injury by hitting his head on a stone. It was also pointed out that, during the course of the investigation, the statements of several witnesses were recorded. WP(CRL) No. 734 of 2022 5 (ii) One of the statements was that of the doctor of E.M.S. Co-operative Hospital, Pathanapuram, where the deceased was brought for primary medical care. The doctor stated that the deceased was brought to the hospital on 27.03.2022 at 10 p.m. by three persons, including a lady. When the doctor inquired about the cause of the injury, the deceased stated that the injury sustained by him was on account of falling from a motorcycle. It was specifically noted by the doctor that even though the deceased suffered a head injury, he was conscious and oriented. The doctor also stated that there was a smell of alcohol in the breath of the deceased. After administering medicine, the deceased was sent back. Later, at 2 a.m., the deceased was again brought back by the accused persons. At that time, he was not conscious. Therefore, he was referred to Taluk Hospital, Punalur. (iii) Another statement is that of one Reghunathan, a friend of the deceased, who stated that after the deceased was brought to his residence, he met him, and the deceased conveyed to him that the injury sustained by him was by a fall from the motorcycle. (iv) It was averred in the statement that there are no lapses on the part of the investigation team, and the other aspects of the case are being taken care of. Therefore, they seek dismissal of the petition. WP(CRL) No. 734 of 2022 6

5. I have carefully gone through the records. The learned counsel for the petitioner raised several contentions, highlighting that the Police have conducted no proper investigation. On going through the case diary made available by the learned Public Prosecutor, the impression that can be gathered is otherwise. The records would reveal that even though the deceased and the accused were friends earlier, later, their relationship got strained, and several disputes arose between them. Certain messages exchanged in a WhatsApp group, in which both were members, aggravated their animosity. However, from the statement of the witnesses, it is difficult to assume that the accused had an intention to cause the death of the deceased even though they were in inimical terms. Moreover, from the sequence of events as revealed from the materials placed on record and even as per the statement given by the petitioner herself, it is evident that, it was the deceased himself who went to the place of the accused after getting irritated on account of certain phone calls and messages sent by the accused. The incident occurred in the house of the accused.

6. The confession statement of the accused is to the effect that the deceased came to his residence and called the accused over the phone by stating that he was outside the house, and he also threatened the accused. When the accused came out of his house, they had a heated exchange of words, and the accused pulled the WP(CRL) No. 734 of 2022 7 deceased, who was sitting on the motorcycle. Due to its impact, the deceased fell down from the motorcycle, and his head hit the rock pieces lying on the said property; thereby, the deceased sustained injuries. Upon noticing that there were no movements for the deceased, immediately the accused, along with his wife, took the deceased to the hospital and provided him medical treatment. After preliminary treatment, he was taken to his residence and upon getting the information late at night that the deceased started vomiting, he, along with his wife, brother and brother’s wife, went to the house of the deceased and took him initially to E.M.S. Co-operative hospital, Pathanapuram, from there to Taluk hospital, Punalur and later to Medical College hospital, Thiruvananthapuram.

7. The facts revealed from the other materials also, to some extent, support the said version. There was no other eye-witness except the wife of the accused, who had seen the exact incident. The Police have recorded the statements of two witnesses who reached the place of occurrence immediately after the incident: Saji and Reghunathan. The statement of the said Saji would indicate that he was the neighbour of the accused, and at about 9.15 p.m. on

27.3.2022, he heard a sound from the residence of the accused and immediately rushed to the spot. On reaching there, he had seen the deceased lying on the road, and the motorcycle of the deceased was WP(CRL) No. 734 of 2022 8 lying nearby. Immediately, he took the victim to the hospital in the vehicle of the accused. The statement of Pradeepkumar was also in tune with the version of Reghunathan.

8. In the scene mahazar, while describing the place of occurrence, it is mentioned that the rock pieces were found lying there. It is also to be noted that, one Reghunathan, S/o. Ramakrishna Achari, the friend of the deceased, gave a statement to the effect that when the deceased was brought to the house after availing preliminary treatment, he met him and asked about the cause of the injuries. Thereupon, the deceased conveyed to him that it occurred due to a fall from a motorcycle. Similarly, Dr. Aswin Prabhakar, who attended the deceased at E.M.S. Co-operative Hospital, Pathanapuram immediately after the incident, stated that, when the deceased was brought before him, even though, there was smell of alcohol, he was conscious and oriented. Upon asking about the cause of injury, the deceased himself stated that it was due to a fall from a motorcycle. Thus, when all the aforesaid aspects are taken into consideration, I am unable to find any lacuna in the investigation conducted as alleged by the petitioner. The petitioner even though raised several contentions alleging the discrepancies in the investigation, on careful perusal of the case diary, I am unable to find any material to support the possibility of such discrepancies. The police are conducting an effective investigation, and the statements of WP(CRL) No. 734 of 2022 9 the relevant witnesses have already been recorded. The version as to the manner in which the accident occurred as contained in the police records appears to be a probable one, based on the statement of the witnesses and from the overall consideration of the materials available on record. In such circumstances, I do not find any justification for interfering with the proceedings, as no infirmities could be found in the investigation conducted by the police. Hence, I find no merit in the writ petition, and accordingly, it is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE WP(CRL) No. 734 of 2022 10 APPENDIX OF WP(CRL.) 734/2022 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 RESPONDENT ANNEXURES ANNEXURE R6(1) TRUE COPY OF THE FIR IN CRIME NO.488/2022 DTD. 30/03/2022 OF ADOOR POLICE STATION. TRUE COPY OF THE COMPLAINT BEFORE 2ND RESPONDENT DTD. 12/04/2022. TRUE COPY OF THE COMPLAINT BEFORE 3RD RESPONDENT DTD. 12/04/2022. TRUE COPY OF THE ADDITIONAL STATEMENT DTD. 21/04/2022. A COPY OF THE POST MORTEM CERTIFICATE ISSUED BY THE ASSISTANT POLICE SURGEON