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Judges : THOMAS,USHA
Chandrasekharan - Appellant
Versus
State of Kerala - Respondent
Case No : Crl.A.No.413 of 1989
Decided On : 02/10/1993
Advocates Appeared :
M.N. Sukumaran Nair Public Prosecutor (T.V. George) & M.K. Damodaran For Appellant For Respondent
MURDER - Criminal Law - Indian Penal Code - Ss.302, 201 - The court discussed the circumstances leading to the murder of the deceased and the false information provided by the accused. The court relied on expert medical opinion to conclude that the death was due to ligature strangulation and not suicide. The court also considered the conduct of the accused and the evidence presented to establish the guilt of the first accused. The conviction of the first accused was confirmed, while the second accused was acquitted.
Fact of the Case:
The deceased, a bride, died in her husband's house within four months of her wedding. Initially thought to be suicide, it was later found to be murder. The first accused was convicted of murder and providing false information, while the second accused was convicted of providing false information. Their mother was acquitted.
Finding of the Court:
The court found that the death was due to ligature strangulation and not suicide. The first accused was found guilty based on circumstantial evidence and his conduct, while the second accused was acquitted due to reasonable doubt.
Issues: The court considered whether the death was due to suicide or murder, the conduct of the accused, and the admissibility of evidence.
Ratio Decidendi: The court relied on expert medical opinion to determine the cause of death and considered the conduct of the accused to establish guilt. The court also discussed the admissibility of evidence and the presumption of regularity in investigative acts.
Final Decision: The conviction of the first accused was confirmed, while the second accused was acquitted.
Thomas, J.
The story of a bride who died in her husband's house within four months of her wedding is unfurled in this case. It was first thought to be suicide, but later found to be murder. Her husband's brother (1st accused) was indicted for the murder while her husband (2nd accused) and mother-in-law were charged for giving false information regarding the murder. Trial court convicted first accused under Ss.302 and 201 of the Indian Penal Code and sentenced him to imprisonment for life and rigorous imprisonment for three years respectively while 2nd accused was convicted of S.201 and was sentenced to rigorous imprisonment for three years. Their mother was acquitted. Hence, this appeal by the convicted accused.
2. A conspectus of the prosecution story is the following: Marriage between Jayalakshmi (deceased) and Santhakumaran (A2 ) was solemnised on 19-11-1987, and the couple lived thereafter in the husband's house at Palakkad. There are two buildings situated in the same compound, one a new building and the other an old one. All the inmates were residing in the new building. The family consisted of father, mother, and three sons, among whom the youngest is the 1st accused who is a bachelor. Eldest was do'ng business at Ernakulam and his wife Sudha (PW6) was staying along with her husband's parents in the new building. 2nd accused and his wife used to sleep in the old building.
3. Some time after marriage of the deceased, A1 started looking at her with leering eyes and made libidinous overtures Howards her, but she had spurned them then and there. However, she told it to her sister Kunhilakshmi (PW.3), who in turn, divulged it to her mother Sulhadra (PW.2). Eventually her husband was informed of this. He assured that he would see that 'it would not be repeated.
4. The fateful day was 14-3-1988. At some time between 10.30 and 11.30 on the morning where all the other male members were away, A1 sneaked into the old building and made amrous advances towards Jayalakshmi who happened to be there then. When she resisted such pranks, he became wild and then he strangulated her with a compressed sari cloth and caused her death.
4. Jayalaksbmi's husband (2nd accused) and his mother (3rd accused) who came to know of it decided to hush it up. Thereupon, all of them made it out to others that Jayalakshmi committed suicide by hanging. A tinker (PW.4) who passed by that side was called and for a make-believe, he was asked to climb on the roof of the building and ;o remove the tiles to get inside the old building.
5. When Jayalakshmi's father (PW.1) was told that she was in serious condition, he rushed to the place along with his wife and saw her dead body lying on a sofa in "portico room" of the old house. As he was made to believe that Jayalakshmi committed suicide by hanging, he went to the police station and gave Ext.P1 First Information Statement at 5.30 P.M. An FIR was registered by the police on its basis for "unnatural death". Inquest was held by the Executive Magistrate (the Local Tahsildar) during which accused 1 and 2 reiterated that Jayalakshmi committed suicide by hanging. It was taken by all concerned that Jayalakshmi's death was a case of suicide.
6. The turn in the tide took place with the arrival of the Assistant Director of Forensic Science Laboratory, Thiruvananthapuram (PW.12) at the scene on 20-3-1988. He made a meticulous inspection of the building wherein Jayalakshmi died. He collected a few clothes from a bundle kept in one of the room. These clothes were subjected to scientific tests in the Forensic Science Laboratory, Trivandrum. Deputy Superintendent of Police (PW.29) who took over investigation arrested all the three accused on 20-3-1988.
7. Learned Sessions Judge has enumerated in the judgment all the circumstances relied on by the prosecution. After referring to the points stressed by the defence counsel he concluded "without any vacillation of mind" that those circumstances established beyond reasonable dou
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