One of the persons who accompanied the body of the person who had companymitted suicide or had heart attack is one Father Mathew Edakkara, Principal of Morning Star School.
This proved to be false later on.
The final report given by the Police Surgeon and Professor of Forensic Medicine of Coimbatore, Medical College, had reported that the deceased had died of Organo Prosperous Insecticide Poisoning.
4 had suddenly gone to the United States to settle the Insurance Claim and get the benefits.
The deceased was said to be seriously sick from 6.30 p.m. on 24.1.1998, but she was taken to the hospital only at about 12.30 night.
No orders were obtained by Respondent No.
Achamma was alleged to be sudden as per the version given by the servant of respondent number 4 to the petitioner.
4 developed intimacy with one divorcee, viz.,
The appellant filed an application before the High Court of Madras purported to be under Section 482 of the Code of Criminal Procedure inter alia praying for further investigation in the aforementioned case by the CBI.
The Respondent No.
4 for companymission of offence of abetment of suicide under Section 306 and Respondent No.
4, one Father Mathew Edakkara, another brother of the Respondent No.
If the incident of companysuming poison by the deceased as based on the report submitted by the post mortem doctor on 18.6.1998 there was numberreason as to why such a report was number submitted by the police till 2002.
This request was turned down by respondent number 4 and the dead body was ready for burial at 2 pm on 25.1.1998.
Appellant is her younger brother.
The trial has already companymenced and it is stated that 47 witnesses have been examined.
No injuries on her person companyld have been found as mentioned in the report.
a case from heart attack was made out at an initial stage, whereafter a case of abetment of suicide was made out, which would go to show as to how the investigation has been carried out both by the general police or by the CB CID in the State of Madras.
The appellant companytended that the dead body had injuries.
Thereupon only a post mortem was companyducted.
She died on 24.01.1998.
Driver Shri Mani who had taken the deceased to Hospital, stated that he had brought the poison, and kept in the store room.
5 had tried her best to revive the body.
Jose Paul was a Vice President in a reputed bank in USA.
No post mortem was companyducted on the dead body.
By an order dated 14.07.2000, further investigation was directed to be done by CB CID.
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 should be directed to be carried out by the Central Bureau of Investigation CBI .
They submitted another final report on 19.11.2002 charging Respondent No.
5 for companymission of offence under Section 201 of the Indian Penal Code.
In 1996, Respondent No.
Allegedly, the companyple was number leaving a happy married life.
Thereafter the information was companyveyed by Respondent No.
The children of the deceased had made a companyplaint to the Judicial Magistrate that their Daddy was in the habit of beating their mother the deceased .
4 murdered the deceased, some of which are as under The death of Smt.
The body was carried to the hospital at the back of the jeep accompanied by the Respondent No.
The deceased was a nurse.
5/Doctor, who had attended on her when the body was taken to the Pushpagiri Medical Hospital, where Respondent No.
5 was there.
The Respondent No.
4 for their custody by him.
4, as he had helped the family, and also to buy property.
Cognizance of the offence was taken.
Despite the said specific order, Respondent No.
The appellant made companyplaints to various authorities whereupon the body was exhumed on 22.04.1998.
4 was alleged to have been found happy after the death of his wife and he was found drinking happily in front of the room of the deceased, without letting anybody go in.
Respondent No.
Lissy P.C. The deceased thereafter came back to India with her children on five years visa.
Respondent number 5 informed the petitioner that the cause of death of the deceased was heart attack and Respondent No.
This was neither the case of Respondent No.
4 and one Shri Mathukutty and Shri Mani.
One Achamma deceased was married with Jose Paul Respondent No.
4 number Respondent No.
She was stated to have died of heart failure.
It is on record that the said priest was given a Maruti car by Respondent No.
4 had taken away the children.
The petitioner had asked the respondent number 4 to keep the dead body of his sister till the arrival of all her relatives.
On or about 16.3.1998 an application being made on behalf of the two children of the deceased, the Judicial Magistrate, Gudalur, had passed an order that the children be kept in the Hostel run by Mr. Herman.
One Shri Durairaj, Inspector of Police who investigated into the matter issued a final form stating that the deceased companyld have companymitted suicide.
She purchased a house in the year 1994.
A final opinion was given on 18.06.1998 stating that she died of Organo Phosphorous Insecticide poisoning.
Arising out of S.L.P. Crl.
The learned companynsel would companytend that there are various circumstances which would clearly point out that Respondent No.
They obtained naturalized citizenship in USA.
Respondent No.
5 gave a certificate to that effect.
1540 of 2006 B. Sinha, J. Leave granted.
4 about death after about 3 am on 25.1.1998.
4 herein.
After their marriage, they went to USA.
4 also came back to India.
On the basis of the said report dated 18 06 1998 the police had companyverted the whole incident from heart attack to one of suicide by the deceased herself by companysuming poison.
