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C. KOSHY, KOTTARATHIL versus STATE OF KERALA

High Court of Kerala

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C. KOSHY, KOTTARATHIL v. STATE OF KERALA - WP(C) No. 22605 of 2006(N) [2006] RD-KL 898 (27 September 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22605 of 2006(N)

1. C.KOSHY, KOTTARATHIL,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE INSPECTOR GENERAL OF POLICE,

4. THE SUB INSPECTOR OF POLICE,

For Petitioner :SRI.M.SREEKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :27/09/2006

O R D E R

K.R. UDAYABHANU, J.

W.P.C.NO. 22605 OF 2006

DATED THIS THE 27TH DAY OF SEPTEMBER 2006



JUDGMENT

The petitioner, who is the father of the deceased Julie, married to Mr.Issac John, has sought for getting the incident of the death of Julie investigated by Crime Branch of the State police. It is mentioned that Julie, elder daughter of the petitioner was married to Mr.Issac John on 21-7- 1997. Two female children, who are twins, were born in the wedlock and are aged 8 years. According to the petitioner, the life of his daughter was miserable in the matrimonial home and that she was continuously tortured by her husband and her in-laws especially by her mother in law. Her husband and mother-in-law always used to force her to sell her ornaments and give money to the husband. The husband is a habitual drunkard and he used to abuse her and beat her without any provocation from her part. Julie came to the parental house on 11-4-2006 saying that she was not going back to her matrimonial home and that she was afraid of further torture and the safety of her life. But she was taken back on 23-4-2006 assuring that WPC.22605/2006 -2- she will not be put to any harassment again. When she went back she found her husband had destroyed all her clothes and sarees and her cot and bed. On 19-6-2006, there was a function in connection with the engagement of petitioner's third daughter. Julie had come home with her children alone in the evening of 18-6-2006. On the date of the function, her husband and in-laws attended the function and returned even without taking food. In the evening she was taken back to her matrimonial home

in a car. By 9.30 p.m. on 19-6-2006, Jancy, daughter of Julie called the

petitioner over telephone and informed that Julie has been injured by fire. The petitioner, his wife and daughter rushed to the hospital. Before death, Julie told her younger sister Juby that she was cruelly tortured and beaten by her husband in the night. Julie succumbed to the injuries at 5 p.m. on 20-6-2006. Although crime was registered as Crime No.157/2006 on the basis of the statement given by the petitioner, the investigation was just perfunctory. The investigating officer was under the influence of the husband of the deceased. The petitioner had filed a representation, copy of which is Ext.P2, to the Superintendent of Police, Kollam, but no action was taken. WPC.22605/2006 -3-

2. The Government Pleader on instructions submitted that the investigation has revealed that the incident was suicide. He has also produced the C.D.of the case.

3. It is seen from the C.D.that the investigating officer has filed the final report before the Sub Divisional Magistrate Court , Kollam that the incident is a suicide that Julie, aged 31, w/o.Mrs.Issac John on account of a minor quarrel with her husband poured kerosene over her body and set ablaze. It is also seen form the C.D.that the husband of the deceased was employed in the Middle East but for the last one year he is not employed and was living in his parental home with the deceased, children and his parents. It is also mentioned that the husband of the deceased was not in very cordial terms with the in-laws as he had insisted and got back he ornaments of 20 sovereigns of the deceased wife which was pledged by the parents of the deceased. It is also mentioned in the report that the deceased had earlier attempted to commit suicide twice by hanging on the ceiling fan and on the particular day in the night the deceased had brought food that was prepared at the function of the betrothal of her younger sister, but her husband refused to take the same and insisted for the food WPC.22605/2006 -4- prepared at his house which constituted the immediate provocation for the incident. It is also mentioned that after setting fire, she caught hold of her husband from the back uttering that both of them shall die together. Her husband and his father doused the fire by pouring water. She was taken to a private hospital in the vicinity and thereafter to KIMS Hospital at Thiruvananthapuram.

4. The postmortem certificate produced shows that Julie died on account of burn injuries. Of course, there is no independent evidence as can be seen in the C.D.as to the alleged harassment by her husband or her in- laws. All the same, none of the relatives of the deceased except the

younger sister of the deceased, Juby is seen to have been questioned.

5. In the circumstances, it appears that further investigation would be required. The 2nd respondent, the Director General of Police, will see that the matter is further investigated by the Circle Inspector of Police having jurisdiction over the area. The 4th respondent,Sub Inspector of Police, Thenmala Police station will handover the records to the Circle Inspector of Police, who shall take over the investigation and file the final report at the earliest. The writ petition is disposed of accordingly. WPC.22605/2006 -5- Issue copy of this judgment to the Government Pleader for onward transmission to the concerned officers.

K.R.UDAYABHANU, JUDGE

ks.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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