1. The petitioner who is the sister of the deceased Panchatcharam, has filed this petition praying for a direction to the first respondent viz., the District Superintendent of Police, Tirunelveli; to transfer the investigation to C.B.C.I.D. Branch.

2. The petitioners case is as follows:

The brother of the petitioner viz., Panchatcharam was admitted in the Fathima College of Pharmacy at Kadayanallur to study four year Diploma Course in Pharmacy. At the relevant point of time, he was doing his fourth year. The petitioner belongs to Adi Dravida Community. The petitioners brother was a studious type and he was brilliant student. The petitioners brother being a member of the Scheduled Caste is entitled to concessions in tuitions fees and scholarship. The college authorities did not inform whether the scholarship were granted or not. The petitioners brother sent representations to the Collector, requesting him to take appropriate action for payment of scholarships for the years 1993, 1994 and 1995. On account of such representations sent by the petitioners brother, the college authorities became prejudiced and were nurturing grievances. They began to give all troubles and indulge in harassment and ill-treatment of the petitioners brother. The money due has been regularly paid for which no receipt was given by the college authorities. On 16.8.1997 at about 11.55 hours, the petitioner was informed that her brother had become mentally ill. Therefore, the petitioner along with her husband reached the college on 17.8.1997 and the correspondent of the college informed the petitioner that her brother had attempted to commit suicide in at Kadayanallur railway station. She was further informed that two students were asked to stay along with the petitioners brother, and when the students had gone out to take tea, the petitioners brother committed suicide with a telephone wire by hanging himself from the ceiling fan in the room. The petitioner was directed to go to the Government hospital stating that the body was kept there. The petitioner went there and she found swelling and bloating of in the body of her brother. The petitioner could not see any indication of her brother have committed suicide by hanging himself down by a telephone wire. The tongues was not protruding and the eyes were not pushed out. There was bleeding from his eyes and nose. The petitioner therefore suspects that her brother to have been done to death. The college authorities misused the amounts of scholarships granted to the brother of the petitioner and they have suppressed the material facts regarding the death of the de-ceased. Bleeding was found in the nose and ear of the dead body and there were blood-stains in the lungi worn by the deceased. A false complaint was made against the deceased as though he had stolen a calculator. The police authorities failed to register a case under the provisions of the SC/ST Prevention of Atrocities Act of 1989. The investigation ought to have been done by a police officer not below the rank of D.S.P. The petitioner strongly suspects that her brother was murdered by the college authorities that her brother was murdered by the college authorities to suppress the mis-use of scholarships. In the above circumstances, the petitioner prays for an order of direction to the first respondent to transfer the investigation to the C.B.C.I.D. Branch.

3. On behalf of the respondents one and two viz., the State, a detailed counter has been filed alleging as follows:

The respondents 1 and 2 did not receive any complaint against the third respondent either from the petitioner or from anyone regarding the misuse of scholarship and the non-issuance of receipt for fees. According to the information, the fees has been properly accounted for. The petitioner was informed about the mental state of her brother on 16.8.1997 but she turned up only on 17.8.1997. On 16.8.1997, at about 12.30 p.m. in room No. 101 -A, the petitioners brother was found hanging. He had tied a telephone wire around his neck and from the ceiling fan. He was mentally disturbed. On breaking open the room, which has bolted from inside, the petitioners brother was found hanging. The local Doctor was brought, was declared him to be dead and an autopsy was conducted by the doctor attached to the Government Hospital and he opined that the deceased had died of asphyxia due to hanging. The allegation that when the petitioner saw the body it was highly decomposed is not correct. The post mortem doctor had seen the probreding tongue. The doctor had not noticed any bleeding from the nose and mouth of the deceased at the time of autopsy. The investigation conducted did not disclose any untoward incident. The ingredients of Sec.7(1) of the Prevention of Atrocities to SC/ST Act will not be attracted.. The investigation did not disclose any evidence to include offence under Sec.3 of SC/ST Act. The college authorities are not guilty of any foul play. The death of Panchatcharam was only a suicide and not a murder. In fact, in the morning, the deceased had attempted to commit suicide by throwing himself before the running Nellai Express train. There is no necessity to reinvestigate or transfer of the investigation to C.B.C.I.D. The respondents 1 and 2 have no motive to suppress any or take side with the third respondent.

4. In the counter filed by the third respondent, it is stated as follows:

Panchatcharam joined four-year Bachelor Degree Course in Pharmacy and he was admitted under payment seat quota and as per the guidelines issued by the Honble Supreme Court, he had to pay Rs.31,000 per year and he has paid Rs.8,000 only per year and the receipts were issued for the same. The scholarship amounts were handed over to him without any delay. No examination fee was collected from the deceased. The College Administrative Officer did not contact the petitioner over the phone on 16.8.1997. On 16.8.1997, at 12.30 p.m., Faizal, a student, came and informed the third respondent that Panchatcharam was found hanging in his room. He further informed that he broke open the room and brought Dr.Ravi, who was staying opposite to the hospital who found Panchatcharam to be dead. The third respondent immediately informed the same to the police and Mr.Thanmbithurai, Sub-Inspector of Police, Kadayanallur police station came to the scene, recovered the body and sent the same to Kadyanallur Government hospital for post mortem. The doctor, who conducted the post mortem opined that the death was due to asphyxia. Immediately, the third respondent sent a telegram to the petitioner at 14.20 hours on 16.8.1997 informing that her brother had committed suicide. The petitioner, her husband and her brother came to Kadayanallur on 17.8.1997 and the body was handed over to them on 17.8.1997 and the personal belongings of the deceased were handed over to the petitioner on 22.8.1997. The deceased had applied for leave on 14.8.1997 for 14 days. The third respondent came to know from the newspaper reports that Panchatcharam made an attempt to commit suicide by throwing himself before the running Nellai express train in the morning on 16.8.1997 and he was saved by nearby villagers. Then he had come to the hostel room and hanged himself to death. There was no foul play and hence, the 3rd respondent prays that the application any be dismissed with costs.

5. The point:On going through the case diary and after hearing the submissions made on eiher side. I am of the opinion that this is a fit case to direct the first respondent to transfer the investigation to C.B.C.I.D.

6. The case in nut-shell, is as follows: The deceased Panchatcharam was doing Pharmacy course in Fathima College of Pharmacy in Kadayanallur. At the relevant point of time, he was doing III year in that course. He had applied for three days leave on 16.8.1997. In the morning, he tried to commit suicide by throwing himself before the running Nellai express train. But he was saved by the people of Mavadikalai and sent back to the hostel where he was occupying Room No.101-A. His roommate Maqdum Faizal leaving Panchatcharam alone in the room went to the college stating that he would be back and requested Panchatcharam to be ready to go to his native place. Sometime later, Maqdum Faizal returned to the room and found the door of the room bolted from inside. Maqdum Faizal then peeped through the window and found Panchatcharam in a sitting posture with one end of the telephone wire tied to his neck and the other end to the ceiling fan in the room. He immediately informed the college authorities. Then they fetched Dr.Ravi, who having his clinic just opposite to the college building and they forcibly opened the door and found Panchatcharam dead. This, in short, is the version.

7. I went through the case diary produced in this case. There are certain features which are rather odd. The negging feeling that the investigation is half-hearted and perfunctory persists. No photograph was taken of the body as found by the Inspector or Sub. Inspector as the case may be. The observation mahazar does not contain any particulars such as the dimensions of the room, as to the presence or absence of blood-stains, the length of the telephone wire, the height of the ceiling and the hub of the fan from the ground level. It appears though/it has been presumed by the investigation officer that it is a case of suicide. The investigating officer ought to have explored all those possibilities and then along ought to have come to any conclusion. But, in this case, it appears as though that he proceeded with a firm notion that it is only a case of suicide that is why he has committed to note the important features that are necessary and essential in such cases.

8. The next important fact we find is that in the case diary as well is in the inquest report it is specifically stated that there is an injury in the neck. But the autopsy only refers to a ligature mark around the neck. The clothes worn of the deceased have not been seized. A perusal of records would further show that at one stage it was stated that he was found in a sitting posture. It is also stated again that he was found lying on his back in the room. There is noting to show that the telephone wire with which he is said to have hanged himself was seized by the police. It is also not seen that the clothes worn by the deceased were seized. Investigation has not been directed to find out as to how in a room situate in the hostel where there is no telephone facility, the deceased could have got hold of telephone wire and from where it came. Moreover, it is also not shown whether it is possible for one to hang himself from a ceiling fan in a sitting posture. Unless the space between the ceiling fan and the floor is more than six feet, normally, it is not possible for person to hang himself to death. When the deceased was found in a sitting posture, it would only indicate that the space between the ceiling fan and the floor is more than six feet, normally, it is not possible for a person to hang himself to death. When the deceased was found in a sitting posture, it would only indicate that the space between the ceiling fan and the floor was less than five feet or the length of the telephone wire must be less than five feet. As I have pointed out already, the telephone wire has not been seized. There is no description of it in the case diary, or as to its thickness or length. Unless one ties his neck firmly and hangs down from a height so as not to touch the floor, one cannot successfully carry out that operation. If any part of the body touches the floor while in the process of hanging, the weight of the body will just rest on the floor with the result that the pressure will not be exerted on the neck in which case death will not result. Only if the pressure of the knot is exerted on the neck by the weight of the hanging body, then alone asphyxia will be caused resulting in the death of the individual. But here the body has been found in a sitting posture which means that the body would not have been hanging down from the ceiling fan, but the weight of the body must have rested on the floor. If that is so, it may rule out the possibility of the death due to hanging.

9. Further in this case, the autopsy is to the effect that the hyoid bone was found fractured. If the weight of the body had rested on the floor and the body was found in a sitting posture it would only indicate that the weight of the hanging body would not have exerted pressure on the neck. Only if the pressure is exerted on the neck by the hanging body, then alone the likelihood of fracture of hyoid bone will be there. Therefore, all these questions which are left to guess only emphasise the nature of perfunctory investigation. It is stated that the boy was mentally upset. As to the morning attempt at suicide, the witnesses are not examined. Strangely enough, R-3 states that he read it only in the news paper. Thus, there no proper investigation by the Investigating Officer. The doctor, who conducted the autopsy is not examined. It is stated that the deceased had applied for 14 days leave. The leave letter has not been called for by the police still. A with a student who had applied for 14 days leave would suddenly get fed up with life.

10. Learned counsel for the petitioner would submit that the deceased belonged to Adi-dravida community and that he is entitled to certain scholarships and concessions. The deceased had complained to the higher authorities about certain irregularities committed by the Management of the college with regard to the amounts payable to him by way of concessions and financial assistance that are due to him, and therefore. Aggrieved by the same, the college authorities have chosen to keep him silent for ever. Whether the allegation is true or not, I find that investigation has not been made to find out whether the amounts that were due to the deceased were drawn and paid to him and whether the adjustments were properly made in his account or not, and whether the tuition fee concessions and scholarship dues to the deceased were properly accounted by the authorities or not and that if any complaint in that regard has been made by the deceased to the higher authorities. The investigating officer had failed to probe into all those important matters.

11. It is also surprising that the matter is handed by the Sub Inspector of Police whereas, considering the nature of the case, it would have been more fitting for an Inspector of Police to taking up the investigation. In this country we are dependent only upon the police force for maintenance of law and order, for investigation of crimes and for booking the criminal. There is no specialised force other than the police force to cater to the needs of the public. The Police Standing Orders set out elaborately the duties of the police officers as to how they should proceed in a particular case and how the investigation is to be done etc. Thus sincerity in approach, dedication to purpose are required when a case is taken up for investigation. An off-hand approach and a flippant outlook will only help the offenders go scot free leaving the victims and their families in permanent grief. Of course, it is not necessary for the police to investigate and pin crime on somebody and thus account for a result. What is required is a fair and thorough investigation. A cavalier approach or a pre-conceived notion has to be abdured. But, in this case what we find is that the case has been taken for granted as one of suicide and a careless and perfunctory investigation has been made to suit that conclusion already arrived at by the investigating authority. A proper and thorough investigation would have satisfied all concerned. But that is very much lacking in this case.

12. Therefore, in the above circumstances of the case, I am of the view that it is a fit where it is just and necessary to order the first respondent to transfer the investigation to C.B.C.I.D. for further detailed investigation so that the job can be well done.

13. In the result, the petition is ordered as prayed for directing the first respondent viz., The District Superintendent of Police, Tirunelveli District to transfer the investigation of the case registered in Crime No.512 of 1997 on the file of the Kadayanallur Police Station, to the C.B.C.I.D., Tirunelveli District for a further thorough and detailed investigation in accordance with law. On such transfer, the C.B.C.I.D. shall complete the investigation within a period of four months and file a final report.