IMPORTANT POINT
Murder or suicide.

JUDGMENT

Madan B. Lokur, J.-The question before us is whether the appellant murdered his wife Remani or whether she committed suicide. We are in agreement with the view taken by the Trial Judge and affirmed by the High Court that the case was one of murder and not of suicide.

The facts:

2. The appellant and Remani had been married for about four years. They had two children, the second child having been born just about three months before the murder of Remani.

3. There was a history of matrimonial discord between the parties. Remani believed that the appellant was having illicit relations with the wife of his elder brother which seems to have been the cause of conflict. At one stage Remani had even left the matrimonial home. However, on an application having been filed by the appellant for restitution of conjugal rights, the matter was settled between the parties and Remani went back to the matrimonial home. Unfortunately, it appears that even thereafter, matrimonial disputes took place between the parties.

4. According to the prosecution, on the intervening night of 10th and 11th March, 1998 at about 1.00 a.m. there was a quarrel between the appellant and Remani. Subsequent to the quarrel, the appellant forcibly administered to Remani a highly toxic carbonate compound called Furadan which is a strong pesticide used for plantain cultivation and was kept in a bottle in the house.

5. On being forcibly administered the poison, Remani ran out of her house and fell down on the eastern side where it is alleged that the appellant smothered her by closing her nose and mouth with his hands. The poison and smothering of Remani resulted in her death.

6. Early morning, Remani’s parents were called and her father lodged a First Information Report at about 12.30 p.m. in which he stated that the appellant used to inflict physical torture on Remani and due to the continuous harassment she consumed poison and committed suicide.

7. After investigations, the police filed a report in which it was concluded that the appellant had murdered Remani. On committal, the appellant denied the charge, pleaded not guilty and claimed trial.

8. The prosecution examined as many as 16 witnesses and produced several documents and material objects in support of its case including a bottle containing Furadan. Decision of the Trial Court:

9. The material witnesses for the prosecution before the Trial Court were PW-1, PW-2, PW-3, PW-7 and PW-10.

10. PW-1 Bhaskaran stated that Remani was his daughter and that her husband used to beat her up everyday and scold her. Remani had told him that the appellant was having illicit relations with the wife of his elder brother. The witness was not specifically questioned about the FIR given by him in which he had stated that Remani had committed suicide by consuming poison. He, however, stated that he had informed the police that Remani was administered poison by her husband, that is, the appellant.

11. PW-2 Thankamalu, mother of Remani, confirmed that there were frequent and daily quarrels between the appellant and Remani. She stated that Remani told her that the appellant would get drunk and beat her up. She also stated that Remani told her that the appellant was having illicit relations with the wife of his elder brother. According to this witness, Remani was capable of doing some typing jobs and bringing up her children. As such, there was no doubt that, if need be, Remani could look after herself and would not commit suicide.

12. PW-3 Ragini is the sister of Remani. She also confirmed the frequent if not daily physical abuse inflicted by the appellant on Remani.

13. PW-7 Hamza is a neighbour of the appellant and Remani. He too confirmed the physical abuse that Remani was subjected to by the appellant.

14. PW-8 Kumhadi is the father of the appellant. He stated that on the intervening night of 10th and 11th March, 1998 he and the appellant had gone to the temple to watch a ‘Koothu’ program. They came back at about 5 o