Balakrishnan Nair, J.

Crl.Appeal No.908/2004:

This is an appeal filed by the State, feeling aggrieved by the acquittal of the respondent, who was the accused in S.C. No.242/2001 of the Sessions Court, Thrissur. The accused/respondent was charge-sheeted for murdering his wife, giving her sodium cyanide masquerading it as ayurvedic contraceptive powder. But, the trial court disbelieved the case of the prosecution and took the view that it may be a case of suicide.

2. The brief facts of the case are the following: Ms. Sweety was a beautiful young girl aged about 19 years. Her marriage with Mr.Babu, the accused took place on 15.2000. The accused was a postgraduate and was an employee of Alukkas Jewellery. At the relevant time, he was working in one of the showrooms of the said Jewellery in the Gulf. The deceased was the eldest of the three daughters of PW1, who was working as a Welder in the Cochin Shipyard. PW9, the mother of the deceased was a house wife. The accused was not having any residential house of his own. So, the couple after the marriage on 15.2000, stayed in the bridegrooms brothers house at Ollur. In connection with the marriage, there was a reception in the house of the deceased on 17.5.2000. They stayed there for two days. Later, on 19.5.2000, they went to Kozhikode and stayed in the house of PW10 Benny, who was a close friend of the accused, up to 25.2000 and returned to the house of the deceased on 25.2000. Bennys marriage with Seethal was scheduled to be held on 35.2000. To attend the same, they went to Kozhikode again on 30.5.2000. It was a civil marriage and after attending the marriage, they returned to the house of the deceased at Chalakudy at 4 p.m on 6.2000. Leaving Sweety in her house, the accused went away, allegedly for taking his sister to Amala Hospital, where his mother underwent an operation for cancer and was convalescing. He returned to Sweetys house by about 10.30 p.m on the said date. Sweety was found lying unconscious in her room, which was locked from inside. The door was opened by using force and she was taken to the Government Hospital, Chalakudy, where she was declared dead by the doctor. PW1, the father of the deceased lodged the information regarding her unnatural death at 7 a.m on 6.2000. The S.I of Police registered Crime No.242/2000 of Chalakudy Police Station. The inquest was conducted on the very same day. The post-mortem examination was held on 6.2000 and thereafter the deceased was buried in the afternoon on the said date.

.3. Initially, everyone thought that it was a case of suicide and everyone viewed the accused with suspicion, as the person responsible for her committing suicide. The accused and the relatives of the deceased were questioned by the police. The S.I of Police was in charge of the investigation up to 6.2000. Since there was a public outcry regarding the investigation of the crime, PW21, the Dy. Superintendent of Police took over the investigation of the case. Later, during the investigation, information was received by the police that the accused attempted to procure cyanide. Thereafter the accused was arrested on 26.2000. He confessed to his guilt and based on his confession statement, the police along with the accused came to the shop of PW7, who was dealing in sodium cyanide also. As per the statement of PW7, the accused procured one kilogram of sodium cyanide

.from his shop, between 25.2000 and 27.5.2000. The post-mortem report showed that the deceased died of cyanide poison. From the statement of PW9, it was found that poison was given to the deceased under the cover of giving ayurvedic contraceptive medicine. So, the accused was charge-sheeted for the offence under Section 302 of the I.P.C. It was PW21, who questioned the witnesses, completed the investigation and laid the charge before the Judicial First Class Magistrate, Chalakudy. The learned Magistrate as per the committal proceedings No.37/2001, committed the case for trial by the Sessions Co