The Madurai Bench of the Madras High Court has directed Assistant Commissioner of Police, Tallakulam, to conduct an investigation into the murder of an advocate in Madurai.
P. Shyamala, wife of advocate Pagalavan, filed a petition before the court seeking a CB-CID probe into murder of her husband. She said her husband used to regularly go for a morning walk. On September 4 at around 5 a.m. he went out for a walk. Later, a relative informed her that her husband was brutally assaulted by three persons with wooden logs and stones. Pagalavan who sustained serious injuries was admitted to Government Rajaji Hospital. Based on her complaint, a case was registered by Anna Nagar police for the offences under the relevant Sections of BNS.
A few days later, her husband succumbed to injuries. Police filed an alteration report before the Judicial Magistrate IV by including Section 105 (culpable homicide not amounting to murder) of BNS. The petitioner said police were not conducting the investigation properly and they had not taken any steps to ascertain the motive behind the attack even after arresting the accused persons.
The counsel for the petitioner submitted that the very fact that the altered offences do not include Section 103 (murder) of BNS would show that the police have not taken the complaint seriously and there is a total non application of mind, even with regard to the offence, which is said to have been committed. However, the State submitted that Section 105 of BNS was registered since there is no alleged motive.
