Writ petition challenging lack of action in caste-based assault. Court dismissed petition, noting victim died of cardiopulmonary arrest not injuries, and accused were acquitted in criminal trial.
Petitioner's prayers for investigation, arrest of abetters, and compensation dismissed by Court.
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W.P(MD)No.13669 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 25.08.2022 DELIVERED ON : 06.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.13669 of 2013 and
M.P(MD)Nos.1 & 2 of 2013
K.Chittu
... Petitioner
Vs.
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W.P(MD)No.13669 of 2013
5.The Superintendent of Police, CBCID, B.B.Kulam, Narimedu, Madurai District.
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to direct the fifth respondent to investigate the murder of Murugavalli, W/o,Sundaramoorthy and arrest the accused including the abetters respondents 7 to 9 in Crime No.48 of 2012 on the file of the sixth respondent and file the final report within the time stipulated by this Court and consequently directing the first respondent to provide adequate
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W.P(MD)No.13669 of 2013
compensation to the dependents of the victim Murugavalli.
For Petitioner : Mr.T.Lajapathi Roy
For R-1 to R-6 & R-9 : Mr.P.Thambidurai Government Advocate For R-7 & R-8 : No appearance
ORDER
The present Writ Petition has been filed for a Writ of Mandamus, directing the second respondent to direct the fifth respondent to investigate the murder of one Murugavalli and arrest the accused including the abetters, namely, respondents 7 to 9 in Crime No.48 of 2013 on the file of sixth respondent and file a final report within the time stipulated by this Court and consequently, directing the first respondent to provide adequate compensation to the dependents of the victim Murugavalli.
community and the deceased Murugavalli was her younger sister. At the time of occurrence, the said Murugavalli was staying in the petitioner's mother's house. While she was staying in the said house due to communal hatred, some persons belonging to dominant caste had entered into the 3/11
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house with criminal intention and abused the said Murugavalli. Those rowdy elements had mercilessly beated and abused her with a filthy language based on caste. Realizing the said dangerous position, the petitioner had attempted to rescue her sister and the petitioner also sustained injuries in the said act. The petitioner has further contended that one Selvi had attacked the said Murugavalli on her head with a stone repeatedly and another accused had brutally kicked the said Murugavalli on her private parts.
head and she was taken to Ramanathapuram Government Hospital for treatment and she was admitted in the emergency ward. Based upon the complaint, an FIR was lodged in Crime No.48 of 2013 on 22.02.2013. The petitioner's sister was treated for five days and thereafter, she was forcibly discharged by the Hospital authorities.
the said Murugavalli was shifted to Thoothukudi Government Hospital. On 19.03.2013, his sister's condition got worsened and she started bleeding in 4/11
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her nose and she was admitted to Thoothukudi Government Hospital. After recovery, she reached home on 02.04.2013, but she was bed ridden. But her condition deteriorated and she succumbed to injuries and died on 12.04.2013.
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W.P(MD)No.13669 of 2013
The third respondent has further contended that only when the said Murugavalli was admitted to the Thoothukudi Government Hospital, it was found that the deceased Murugavalli was suffering from Human Immuno Deficiency (HIV) Virus and she was found to be anemic and hence, two units of packed cells was transferred to her.
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about 06.00 PM on the said date. Even, the statement in the First Information Report clearly indicates that she had sustained some injuries only in lips, right hand and back side. There is no allegation of any injury in the head. Murugavalli was admitted to the hospital on 22.02.2013 and was discharged on 27.02.2013. The said Murugavalli got admitted again on 19.03.2013 for the injuries sustained by her because of the fall in her bathroom. A perusal of the Accident Register indicates that she had abrasion in the lower lip and bleeding through nose. Thereafter, she was discharged on 02.04.2013. A report of Thoothukudi Medical College Hospital indicates that she had been infected with HIV Virus. A perusal of the postmortem Report indicates that she had died due to "Cardiopulmonary Arrest". The above said medical evidence will clearly indicate that the petitioner has not died due to the injuries sustained by her but died due to other reasons.
W.P(MD)No.13669 of 2013
petitioner has turned hostile and she has specifically stated that she was not aware of any trespass into the house or about the injuries sustained by her sister. The other witnesses in the said criminal proceedings have also turned hostile and the accused persons have been acquitted.
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06.09.2022
Index : Yes / No Internet : Yes / No btr
To
W.P(MD)No.13669 of 2013
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W.P(MD)No.13669 of 2013
R.VIJAYAKUMAR, J.
btr
Order made in W.P(MD)No.13669 of 2013
06.09.2022
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2 issues framed by the court
Whether to issue writ of mandamus for investigation and arrest of accused in caste-based attack leading to death.
Whether to direct compensation for death allegedly caused by attack due to caste animosity.
K. Chittu
State of Tamil Nadu
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
