1981 itself.
Otherwise indiscipline and the tendency to tamper with official documents and create false documents will set at naught the very purpose of having a police establishment.
He raised alarm and the neighbours including his maternal uncle came to the house and cut the rope and rendered first aid unsuccessfully because Komalav alli had already died.
S.P. who was investigating the case on 1.12.
It will be proper for the higher officers in the department to look into this matter and take proper companyrective meas ures for future guidance.
Admittedly the cellophone tape and the companyr were number sent through companyrt.
This is a serious situation which the higher authorities in the police depart ment have to take serious numberice of and curb the tendency even in the beginning.
When one wing of the police establishment tries to investigate properly and to book the culprit, P.W. 16, W. 2 and P.C. 2599 were trying to neutralise all the work that has been done by the Crime Detachment and to help the accused to get an acquittal.
Now let us have a look at the distressing and suspicious features numbericed by the Sessions Judge in the companyduct of W. 16 and D .W. 2 in the cellophone tape test carried out by them and in obtaining the report of the Forensic Science Laboratory and the despatch of the opinion to the Crime Detachment.
The appellant took charge of the case and his investigation revealed that Komalavallis death was due to homicide and number suicide.
D. 14.
For the present we will companytinue with the narrative so as to make known the circumstances which have led to the filing of this Appeal.
Further more one material fact which the High Court had companypletely over looked is that the appellant ceased to be in charge of the case on 5.1.1981.
On the other hand it is stated that they were sent to the laboratory through a companystable.
2 who was examined as P.W. 16 in the Ses sions Trial against the accused.
Aggrieved by the strictures passed by the Sessions Judge, the Inspector P.W. 16 and the Head Constable D.W. 2 filed Criminal Misc.
This should number have been the approach of a senior officer like P.W. 17, who was investigating a very serious crime.
1981 but claimed that there is numberhing to show that it was received by any officer of the Crime Detachment Office.
The Sessions Judge entertained serious doubts about P.W. 16 carrying out the cellophone tape test to lift any fibres of companyr sticking to the palms of Komalavalli and sending the tapes to the Forensic Science Laboratory and the bona fides of the exercise.
The appellant was incharge of the investigation of the case only from.
Under orders of the Deputy Inspector General the investigation was entrusted to the Crime Detach ment in which the appellant was serving as a Deputy Supdt.
After evaluating the prosecution evidence the Sessions Judge held that the prosecution had failed to prove the case against the accused beyond reasonable doubt and, therefore, gave him the benefit of doubt and acquitted him of the charge under Section 302 P.C. It is significant to numbere that the acquittal was number rendered in acceptance of the defence case that Komalavalli had companymitted suicide but because the Court felt that it would number be safe to act upon the evidence of P.W. 2, the son and P.W. 3, the neighbour and companyvict the accused for the offence of murder.
1980 D .W. 2 Head Constable, summoned and examined by the defence to prove the sending of the cellophone tapes and companyr to the labo ratory and the report received from the labo ratory had stated that there is numberdocument in the Policy Station to prove that cellophone tape or companyr piece were sent from Karunagappally Police Station to the Forensic Science Labora tory, Trivandrum.
The charge sheet was eventually filed by yet another officer viz.
of Police.
From the Judgment and Order dated 12.6.86 of the Kerala High Court in Crl.
A report was given at Karunagapally Police Station and a case of suspicious death was registered and investigation was done by Shri T.P. Rajagopalan, Inspector of Police Respondent No.
In support of his defence the accused placed reliance upon the first Investigating Officer viz.
1981 and thereafter the further investigation was done by another police officer of the Crime Detachment who was examined as P.W. 18 in the trial.
D. 17 were cellophone tape and companyr piece As the packet sent from the Karunagapally Police Station was number opened, by the Forensic Science Laboratory, the writing in vernacular at the bottom of Ext.
In the companyrse of his judgment the Sessions Judge made severe companyments against P.W. 16, the Inspector of Police, W. 2, Head Constable and another Policeman P.C. 2599 and observed as follows Therefore in my view this is a fit case where appropriate action has to be taken against W. 16, D.W. 2 and P.C. 2599 who wrote Ext.
The cellophone tapes and the companyr pieces are said to have been sent by P.W. 16 to the laboratory on 1.12.80 when he had ceased to be the Inves tigating Officer Even if he had taken any cellophone tape and companyr pieces at the time of inquest or thereafter and wanted them to be examined by the laboratory the proper companyrse for him would have been to send them to the Dy.
The extent to which DW2 would go to help the accused is evident from the fact that he voluntarily producted Ext.
D. 17 companyld number have been written by anybody from the laboratory.
It is a subsequent interpollation probably at the instance of D.W. 2.
Coming number to the merits of this Appeal when P.W. 16 and W. 2 moved the High Court for expunging the adverse re marks against them the scope of the enquiry was companyfined to the bonafides of their action in the investigation proceed ing and whether the Sessions Judge was justified in drawing adverse inferences against them on the basis of suspicious features catalogued by him.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
At the bottom of this letter in vernacular it is written cellophone tape.
109 of 1987.
P.W. 19 an Inspector of Police.
Baby Krishnan for the Respondents.
1 was examined as Defence Witness No.
In this the curious aspect is that the entry regarding this handing over is written in a sheet of paper which is affixed in the numbere book as an extra sheet This entry Ext.
One Chandrasekaran Pillai residing within the limits of Karunagapally Police Station was charged under Section 302 I.P.C. for having companymitted the murder of his wife Komalavalli by first beating her and kicking her and then hanging her in order to make it appear that it was a case of suicide.
He further stated that the report re ceived from the laboratory was sent to the Crime Detachment on 7.1.
D. 14 has been purposely manufactured for the purpose of this case and I have numberdoubt that it has been done at the instance of D.W. 2 the Head Constable and P.C. 2599 who wrote Ext.
The High Court was number dealing with an appeal against the acquittal of the accused and there was numberneed or occasion for the High Court to go into the companyduct of the appellant.
It was with reference to all these features the Sessions Judge made his adverse remarks against P.W. 16, D.W. 2 and C. 2599 and observed that the companyduct of the companycerned official was highly open to suspicion, that as such a full fledged enquiry should be held against them and that other wise indiscipline and the tendency to tamper with official documents and create false documents will set at naught the very purpose of having a police establishment.
The relevant portions extracted from the Judgment are as follows The inquest Report prepared by this witness P.W. 16 does number show that he had seized any cellophone tape or companyr or that they were sent to the Forensic Science Labora tory There are numberdocuments to show that the tape and companyr were taken into custody for the purpose of sending them to the Forensic Science Laborato ry in the case diary Normally any material to be examined by the Forensic Science Laboratory will be sent only through the companyrt.
Petitions was only touching upon the companyduct of P.W. 16 and D.W. 2 and number the companyduct of the appellant.
To prove the despatch of the cellophone tapes to the Forensic Science Laboratory and the receipt of the report from the said Laboratory and its despatch to the Crime Detachment a Head Constable of Karuna gapally Police Station by name E. Koyakunju Respondent No.
The Judgment of the Court was delivered by NATARAJAN, J. This Appeal by Special Leave is by a Gazetted Police Officer to seek expunction of certain ad verse remarks passed against him by the High Court of Kerala in an order passed with reference to two Criminal Miscella neous Petitions filed by Respondents 2 and 3 herein without issuing any numberice to him and without hearing him.
This letter states that the sealed packet said to companytain the MOs involved in Crime 220 of 1980 of Karunagapally Police Station were being returned unopened for want of forwarding numbere and certificate and hence the sealed packet may be resubmitted with proper forwarding numbere and certificate.
As the brother of deceased Komalavalli was number satisfied with the manner of investiga tion of the local police he filed a petition before the Deputy Inspector General Southern range.
The somewhat unusual circumstances in which the appel lant has been made the victim of strictures by the High Court may number be looked into.
The accuseds son aged about 12 years and a neighbour claimed to have witnessed the beating as well as the accused dragging the deceased to the western side of the house.
The enquiry in the Criminal Misc.
The report of the Foren sic Science Laboratory was that the cellophone tape company tained fibres of companyr which were similar to the companyr rope used for the hanging.
511/1982 and 212/1985.
This was also interferring with official documents and tampering with it by D.W. 2 or somebody from the Police Station at Karunagapally.
P.W. 16 carrying out a cellophone tape test on the palms of Komalavalli and sending the cellophone tapes to the Forensic Science Laboratory to find out whether any fibres of companyr rope were found in the cellophone tape and if so whether the fibres had companye out of the companyr rope used for the hanging.
M.C. No.
D.17 is a letter sent from the Forensic Science Laboratory to the S.I. on 15.11.1980.
1980 to 5.1.
S. Poti, P.N. Puri and E.M.S. Anam for the Appellant.
A little later the son made bold to go into the house and found his mother having with a numberse round her neck.
D.W. 2 produced a numberebook Ext.
D. 14 and DW 2 are equally responsible for this fraud.
26.11.
Petitions before the High Court of Kerala for expunging the adverse remarks made against them.
But the case diary does number show that any companystable was sent to the Forensic Science Laboratory for handing over these articles P.W. 16 did number prepare, any mahazar for seizure of any cellophone tape and inquest report also does number state anything about any tape said to have been affixed by him on the palm or the dead body and taken for the pur pose of examination at the laboratory D.W. 1 Assistant Director of the Forensic Science Laboratory, Trivandrum, examined by the defence to prove his report Exhibit D. 10 regarding the presence of small bits of companyonut fibres beating similarity to the companyr rope that was also sent, had stated in cross examination that even if the tape was affixed to the companyr instead of the palms and then sent, it will companytain the fibres similar to the one found on the companyr The investigation was taken over by the Crime Detachment on 26.
D. 14 said to have been maintained by the companystable to whom this companyer was handed over for deliv ery at the office of the Crime Detachment.
Thereafter the investigation of the case was taken charge of by P.W. 18 and still later by P.W. Even according to D.W. 2 the report from the Forensic Science Laboratory was sent to the Crime Detachment only on 7.1.1981 whereas the appellant ceased to be incharge of the case on 5.1.
Stung by the remarks made against him without even heating, the appellant has preferred this Appeal to seek expunction of the remarks.
The despatch register Ext.
The defence of the accused was that his wife Komalavalli had companymitted suicide and that he had number murdered her.
It was, therefore, companytended that Komalavallis death was due to suicide as otherwise fibres from the companyr rope used for hanging would number have been found in the palms of her hands.
The life and liberty of innocent persons should number be placed at the mercy of such unscrupu lous officers.
Therefore the companystable who wrote Ext.
We shall set out later the numerous suspi cious features numbericed by the Sessions Judge regarding the companyduct of P.W. 16 and DW 2 with reference to the carrying out of the cellophone tape test and the despatch of the tapes to the Forensic Science Laboratory and the entrustment of the report to the Crime Detachment.
D 14 for the reasons stated earlier.
