The Bombay high court on Thursday transferred the investigation of the accidental death case of Vasai resident Vijay Jatashankar Varma, who was allegedly killed in a railway accident near Mira Road in November 2012, from the railway police to the Superintendent of Police (Thane Rural).
A division bench of justices NH Patil and Anuja Prabhudessai, while transferring the probe, said, "There are many possibilities raised by the father of the deceased which need to be looked into in detail and thus we find it fit to transfer the investigation."
The petition filed by Jatashankar Varma through his advocates Rakesh Kumar and Manoj Kumar Singh states that Varma had asked the deceased, Vijay, to get some work done on November 23, 2012. Accordingly, Vijay left the house at 9.30am to reach Malad, but did not return home till evening. When Varma called the deceased on his mobile phone, it was answered by one Akbar Ali Khan, a resident of the same locality.
In the evening, Khan had twice visited the house of the deceased and inquired about whether he had returned home. He had also informed Vijay's mother that they had been travelling in the same train from Mira Road to Borivali but when he reached Borivali, he could not find Vijay.
Varma then started searching for his son, but with no results. On November 24, 2012 Khan and his friend Imran informed Vijay's mother that his body was at the Mira road railway police station. The police then informed him that Vijay had hit a pole, fallen of the train and died.
Varma's counsel argued in court that "as per the police case, Vijay was travelling from Mira Road to Borivali. The pole was on his left side and if he would have hit it, his left portion would have been injured. However, post mortem shows his right thigh was hurt. Further, the impact was so high that his ribs and thighs were broken but the cell phone in his right pocket remained intact. The mobile records also show that at the time of the incident Vijay was not in the train but somewhere in Mira Road." The court was also informed about a girl approaching the wife of the petitioner and stating that she was aware of the circumstances in which Vijay was found dead.
It was argued that the police have failed to carry out a fair probe in the case and circumstances show that could be a case of alleged murder. The court accepted Varma's contentions and transferred the probe.
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