Saidalavi @ Alavikutty, Khadeeja and Noushad P.K. vs State of Kerala, The District Superintendent of Police and The Station House Office

Thomas P. Joseph, J.—Petitioners are parents and brother of Shoulath whose dead body was found on the early hours of 03.02.2010 in a well adjacent to her matrimonial home. The Tirur police registered a case for unnatural death and started investigation. According to the Petitioners investigation is proceeding on the assumption that the deceased committed suicide. Petitioners assert that there was no occasion, reason or necessity for the deceased to commit suicide. In the circumstances it is prayed that Respondents 1 and 2 may be directed to constitute a special team for further investigation of crime No. 124 of 2010 of Tirur Police Station. Learned Public Prosecutor submitted that thorough investigation was conducted by the Station House Officer, investigation revealed that it is a case of suicide and accordingly a report was submitted before the Sub Divisional Magistrate concerned.

Learned Counsel for Petitioners contended that there was no occasion for the deceased to commit suicide. It is contended that deceased was aged about 34 years at the relevant time and had given birth to a male child just 20 days before the incident. Her elder daughter is around 13 years. It is stated that about 10 days after the delivery she was taken to the matrimonial home where she was looked after by a home nurse who was staying in the same room where the deceased was staying. According to the learned Counsel that home nurse was not questioned. It is also contended that there was no occasion for the deceased to go to the adjacent property to commit suicide. According to the learned Counsel on account of a cesarean operation conducted on the deceased she was not able to walk such a distance. In the circumstances the theory of the Investigating Officer that the lady committed suicide cannot be accepted. Learned Public Prosecutor contended that there is no reason to think that death was homicidal.

I have gone through the CD file relating to the investigation conducted so far. It is seen from the copy of postmortem certificate and the opinion given by the Medical Officer who conducted the postmortem examination that death was due to asphyxia, due to drowning. The postmortem report does not mention about any external injury on the body of the deceased. Copy of inquest report mentions about a scar on the stomach of the deceased which according to the Investigating Officer was caused due to the cesarean operation. It is contended by the learned Public Prosecutor that there was only a small abrasion on the left wrist of the deceased and apart from that, there was no injury on the body of the deceased indicating that there was any application of force on the deceased. According to the Petitioners on the previous day of the incident deceased had even telephoned to her mother requesting her to come for purchase of gold ornaments for the new born baby. These circumstances may not by itself be sufficient to show that the death was not by suicide. A Division Bench of this Court in Kunchu v. State (1986) KLT 17 SN Case No. 33 Page No. 17 has referred to various circumstances under which a lady may commit suicide. True, whatever mentioned therein is not exhaustive. According to the Investigating Agency on account of the major operation deceased had to undergo and the scar on the stomach of the deceased she was upset and that persuaded her to commit suicide. Having regard to the circumstances stated I am not inclined to think that it is necessary to direct Respondents 1 and 2 to constitute a special team for further investigation of the case.

Writ Petition is dismissed.