- (1.) Leave granted.
(2.) One Achamma (deceased) was married with Jose Paul Respondent No. 4 herein. After their marriage, they went to USA. Jose Paul was a Vice-President in a reputed bank in USA. The deceased was a nurse. They obtained naturalized citizenship in USA. Allegedly, the couple was not leaving a happy married life. Respondent No. 4 developed intimacy with one divorcee, viz., Lissy P.C. The deceased thereafter came back to India with her children on five years visa. She purchased a house in the year 1994. In 1996, Respondent No. 4 also came back to India. Appellant is her younger brother. She died on 24.01.1998. She was stated to have died of heart failure. Respondent No. 5 gave a certificate to that effect. The appellant made complaints to various authorities whereupon the body was exhumed on 22.04.1998. Thereupon only a post mortem was conducted. A final opinion was given on 18.06.1998 stating that she died of Organo Phosphorous Insecticide poisoning. No injuries on her person could have been found as mentioned in the report. The appellant contended that the dead body had injuries.
(3.) One Shri Durairaj, Inspector of Police who investigated into the matter issued a final form stating that the deceased could have committed suicide. A writ petition came to be filed by the appellant herein praying that further investigation in terms of Sub-section (8) of Section 173 of the Code Of Criminal Procedure, 1973 should be directed to be carried out by the Central Bureau of Investigation (CBI). By an order dated 14.07.2000, further investigation was directed to be done by CB-CID. They submitted another final report on 19.11.2002 charging Respondent No. 4 for commission of offence of abetment of suicide under Section 306 and Respondent No. 5 for commission of offence under Section 201 of the Indian Penal Code, 1860.;