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2004 Supreme(Mad) 1640
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. KANAGARAJ
Indra - Appellant
Versus
The State - Respondents
CRIMINAL ORIGINAL PETITION NO.37465 OF 2004
Decided On : 08 December 2004
The court emphasizes the importance of a thorough and proper investigation in cases of suspicious deaths, including ruling out sexual violence and conducting a comprehensive post-mortem examination.
Headnote:
Section 482 Cr.P.C. - Transfer of Case - 174 Cr.P.C. - CBCID - Post Mortem Examination - Suspicious Death
Fact of the Case:
The petitioner seeks to transfer the case of her daughter's suspicious death from the local police to CBCID due to lack of proper investigation and suspicion of foul play.
Finding of the Court:
The court finds that the death of the petitioner's daughter under suspicious circumstances warrants a thorough investigation, including a second post-mortem examination, and orders the transfer of the case to CBCID.
Issues: Suspicious death, lack of proper investigation, transfer of case to CBCID, lapses in post-mortem examination
Ratio Decidendi: The court emphasizes the need for a thorough investigation into the suspicious death, including ruling out sexual violence and conducting a proper post-mortem examination. It criticizes the initial post-mortem examination for its inadequacy and orders a second examination by a team of doctors.
Final Decision: The petition is allowed, and the case is transferred to CBCID for a more comprehensive investigation. The court also directs disciplinary action against the doctor responsible for the initial post-mortem examination and the police for their inadequate investigation.
This petition has been filed under Section 482 Cr.P.C. to direct the respondent police to transfer the case in Crime No.1121 of 2004 on the file of Bagayam Police Station to C.B.C.I.D.
2. The case of the petitioner is that the deceased Uma is her elder daughter; that she is an uneducated girl and was employed as servant maid in the house of one Monoharan, a retired Professor, who is a resident of Otteri, Vellore; that from the date of joining as a servant maid in the house of Manoharan, she was not sent to her parental house; that they would escort her to the petitioner's house occasionally and stay in the house for an hour and would take the deceased back to their house.
3. The petitioner would further submit that while so, on 15.9.2004 at about 1.00 p.m. the petitioner's father, Paul Mohan and the village boy one Gobi came in a car and informed about the death of her elder daughter Uma at the residence of Manoharan; that at about 4.45 p.m. Paul Mohan took the petitioner in the said car to Vellore Government Hospital; that only after completion of post-mortem, the body of the deceased was handed over to the petitioner; that prior to the post mortem, the body was not shown to the petitioner and her relatives; that the post mortem was completed and the body was handed over to them and no statement was recorded from the petitioner; that the petitioner has strong suspicion in the death of her daughter ; that the case has been registered under Section 174 Cr.P.C. based on the complaint given by Manoharan; that without proper investigation, the police is trying to close the case ; that she gave a fresh complaint on 17.9.2004 at Bagayamm Police station in C.S.R.No.321 of 2004 suspecting the death of her daughter in Manoharan's house ; that so far no investigation has been done in the case and hence, the petitioner has filed the above criminal original petition for the relief stated supra.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) contra and perused the materials placed on record.
5. In consideration of the facts pleaded, having regard to the materials placed on record and upon hearing the learned counsel for both, this Court is able to assess that it is a case of death of an unmarried girl of about 20 years of age under suspicious circumstances at the place of residence of her master. The petitioner, the mother of the deceased, would say that because of poverty, her elder daughter Uma, the deceased, had been sent as a servant-maid at the residence of one Manoharan and under suspicious circumstances she died and the family members of the master of the deceased informed her father on 15.9.2004 at about 10.00 p.m. that her daughter was dead at the residence of her master, the said Manoharan; that the deceased was taken to the Vellore Government Hospital and only after Post Mortem examination, she was allowed to see her deceased daughter; that since very strong mystery shrouds around the death of her daughter, not being satisfied with the explanation offered for her death by her master and the respondent police since they attribute the death of her daughter for suicide by hanging, she has come forward to file the above Criminal Original Petition seeking a direction to transfer the investigation of the case registered in the respondent's Cr.No.1121/2004 to CBCID since no progress has been made in the investigation by the respondent.
6. In fact, the reason attributed for the death of the daughter of the petitioner is suicide by hanging committed at 6.00 a.m. on 15.9.2004 and it has been reported at 8.00 a.m. on the same day. The master of the deceased at whose residence the death had taken place figures as the complainant. The reason attributed on his part for such a conclusion to be arrived at is that it was a suicide by hanging; that a few days prior to the incident, her parents arranged for the marriage of the deceased with a boy whom she did not like and hence she had taken
