K POONGODI Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to transfer the investigation in Crime No. 85 of 2007, pending investigation on the file of inspector of police, Thiagadurgam Police Station, Villupuram District, to any other independent agency, more particularly CBCID, Villupuram.

(2.) THE petitioner has submitted that her son, one Thirunavukkarasu, aged about 27 years was living with the petitioner's brother, one Ramalingam for the past 25 years at Thiagadurgam. The said Ramalingam has been separated from his wife and son, namely Alamelu and Murugan respectively for the past 28 years. The said thirunavukkarasu was found dead at the residence of the said Ramalingam on 19. 02. 2007 under suspicious circumstances. On the said day, the said Ramalingam was away in his native place and when he returned on 20. 02. 2007 he was informed by the villagers that petitioner's son had committed suicide by hanging. On the said occurrence, the Village Administrative Officer preferred a complaint with the respondent police. The same was registered as crime No. 85 of 2007 under section 174 of Criminal Procedure Code. Thereafter, the body was sent for postmortem. The postmortem report had indicated that there are some antimortem injuries, more particularly, rope mark present over the neck, above the thyroid cartilege, below the chin obliquely placed directly along the line of mandibla behind the ears. The petitioner has further alleged that her brother Ramalingam, after coming to his residence, noticed that some valuable articles and money were missing. Then, he lodged a complaint with the respondent police against his wife and son. The petitioner submitted that her son had no reason to commit suicide and there is strong suspicion that the victim might have been done to death by Murugan, son of Ramalingam, Alamelu, wife of Ramalingam, Tamilarasan, son of Rajagopala Chettiar, Krishnaveni, wife of Mani Chettiar. Further, the petitioner's son was living with her brother, Ramalingam. So, Ramalingam's wife and son, who have been separated from him, developed enmity with the said victim, since Thirunavukkarasu will succeed the property of Ramalingam.

(3.) REGARDING this difference of opinion, already legal notice was also issued to the victim. After death of the said Thirunavukkarasu, the police registered a case under section 174 of Criminal Procedure Code. Till date, there is no progress or the respondent police did not investigate the matter to ascertain the cause of the death of said Thirunavukkarasu. The petitioner's brother, ramalingam , also sent a petition to the District Collector.