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2017 Supreme(Mad) 893
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.T. SELVAM, J.
Dr. Sister Thresia D/o. Late Mathai - Petitioner
Vs.
CBCID represented by its Inspector of Police, The Nilgiris Unit, Ootacamund and Ors. - Respondents
Crl.R.C.Nos.998 and 1435 of 2016
Decided On : 27-04-2017
For the Petitioners in Crl.R.C.No.998 of 2016 and R1 in Crl.R.C.No.1435 of 2016: Mrs. Bhavani Subbarayan for Mr. K.V. Sajeev Kumar, M/s. Royan Law Associates
For the R1 in Crl.R.C.No.998 of 2016 and R2 in Crl.R.C.No.1435 of 2016 :Mr. M. Mohammed Riyaz, Government Advocate [Crl.side]
For the Petitioners in Crl.R.C.No.1435 of 2016 and for R2 and R3 in Crl.C.No.998 of 2016: Mr. Joju Thomas
Headnote:
Dr.Sister Thressia - Criminal Case - 174 Cr.P.C., 306 IPC, 201 IPC, 199 IPC, 200 IPC, 193 IPC - The deceased Achamma's death was initially recorded as due to heart attack by Dr.Sister Thressia, but further investigation revealed that she died of Organo Phosphorous Insecticide Poisoning. The court found no evidence of foul play and treated the case as one of suicidal death. The deceased's family alleged that Dr.Sister Thressia colluded with the accused to conceal the true cause of death. The court discharged Dr.Sister Thressia of all charges, finding no grave suspicion against her.
Fact of the Case:
The deceased Achamma's death was initially recorded as due to heart attack by Dr.Sister Thressia, but further investigation revealed that she died of Organo Phosphorous Insecticide Poisoning. The court found no evidence of foul play and treated the case as one of suicidal death.
Finding of the Court:
The court discharged Dr.Sister Thressia of all charges, finding no grave suspicion against her.
Issues: The main issue was whether Dr.Sister Thressia colluded with the accused to conceal the true cause of death.
Ratio Decidendi: The court found no evidence of foul play and treated the case as one of suicidal death. The court discharged Dr.Sister Thressia of all charges, finding no grave suspicion against her.
Final Decision: Dr.Sister Thressia was discharged of all charges.
For the purposes of convenience, parties are referred to by their respective names.
2. The body of the deceased Achamma, wife of the first accused in this case, was brought to Pushpa Mission Hospital, Nilgiris, on 25.01.1998. The hospital record there regards and in the hand of Dr.Sister Thresia, petitioner in Crl.R.C.No.998 of 2016 reads as follows:
| ‘PUSHPAGIRI MISSION HOSPITAL | ||||||
| Gudalur Bazaar P.O. |
| Nilgiris |
| Tamil Nadu |
| |
| Name | Address | Age | Sex | I.P. No. | O.P. No. | |
| Achamma | W/o. Jose Paul Therathil Padanthara | 44 | F |
| 57674 D | |
| 25/1/98 | 12.35 A.N. BP Pulse} now recordable Patient was brought by the husband. |
| ||||
|
| The H/o: | |||||
| Chest Pain | from about 6 p.m - | |||||
| Breathing difficulty Giddiness Profuse sweating | After giving bath to the child
| |||||
| Vomited once after taking jeera water at that time. Not speaking since 10 p.m. | ||||||
| O/E | patient found cold and clummy; pupils dilated; not reacting to light. Heart sounds not heard. Respiratory movement absent. BP not recordable. Pulse not felt not responding to painful stimuli. Attempted Revival suspecting death on the way to hospital. | |||||
| ECG run - Blank in all leads | ||||||
| External cardiac massage mouth to mouth respiration | ||||||
| Nasal oxygen | ||||||
| Inj: Adrenalin 1 amp I/U | ||||||
| Rpt ECG done - Blank in all leads. | ||||||
| Patient declared dead at 12.50 a.m. | ||||||
| Probable cause of death - Acut M.I., based on history.’ | ||||||
The deceased was buried at about 3.30 p.m. on 25.01.1998. Suspecting foul play in her death, her brother Sasi Thomas preferred a complaint to the Superintendent of Police, Nilgiris, and marked a copy thereof to the Sub-Inspector of Police, Devarshola Police. On receipt of the complaint, a case was registered in Crime No. 18 of 1998 u/s.174 Cr.P.C. The Inspector of Police, Devarshola Police, took up investigation and on his request, the body was exhumed on 22.04.1998 and an inquest was held. At the inquest, Panchayatdhars unanimously opined that the deceased had led a happy life with the husband and children but had suffered several physical ailments, had undergone as many as nine surgeries and had died of a heart attack. The postmortem revealed no external or internal injuries but the Chemical Analysis of the viscera indicated that she died of Organo Phosphorous Insecticide Poisoning. Finding no evidence of possible administration of poison and on the opinion of Doctors that the case probably was one of suicidal poisoning, further action was dropped treating the case as one of suicidal death. The brother of the deceased Sasi Thomas filed W.P.No.17613 of 1998 before this Court and an order was passed directing the CBCID, to verify the investigation conducted by the local police and to take further action u/s.173(8) Cr.P.C., if necessary. Eventually, further investigation was conducted by the Inspector of Police, Crime Branch, CID. This Court may now incorporate the body of the final report :
'The accused Josepaul (A-1) S/o. Stainslavos has been residing at Therattil, 4th Mile, Padanthurai. His wife Achamma (since deceased) was also living with him in the above said address since January 1996. The said residence is located within the jurisdiction of Devershola PS. They had three children. They are Jaimie-13, Jaisie-19 and Sunny @ Jaikuttan aged (5). All of them were studying in Morning Star Higher Secondary School at Gudalur.
The deceased Achamma hailed from a middle class family, born and bred at Irutti Village, Kaserkode District, Kerala State. She was the eldest daughter of the family. She had four brothers and four sisters. She completed her nurse course at Bangalore and got her placement at Jordon. Subsequently after one year she got appointment at United States of America. During that time on 30.05.1979 she got married to the accused Josepaul (A1) at Trissur. The marr
