IMPORTANT POINT
The court upheld the conviction of the 1st accused for murder based on circumstantial evidence, establishing motive and opportunity, while acquitting him of other charges.

JUDGMENT :

C. Pratheep Kumar, J

‘Suspicion’ is a disease. If it is not treated, one becomes blind and the consequence will be disastrous.

These appeals are filed by accused persons 1 and 3 respectively, in Sessions Case No.4 of 2011 on the file of the Special Court for the trial of Offences against Women and Children, Thalassery, against the judgment dated 29.7.2017, finding the 1st accused guilty of the offences under Section 498A, 302 and 201 IPC and the 3rd accused guilty of the offence punishable under Section 498A IPC.

2. The 1st accused is the husband of deceased Remya. The 2nd accused is the brother of 1st accused and the 3rd accused is the mother of the 1st accused. The trial court acquitted the 2nd accused, while convicted accused persons 1 and 3, as stated above.

3. BACKGROUND: The background of the prosecution case is that, on 22.1. 2010 at about 1 p.m., CW1, namely the manager at Everest Lodge, Payyannur Central Bazaar, found that the bolt of the door in room No.204 of the lodge was locked from outside. When he opened the door, he found that a lady aged about 26 years was found hanging from the hook of a fan. It was on 20.1.2010, she along with a male person and a child of about 2 years took the said room and they were staying in the said room. However, on 22.1.2010 at 1 p.m. when he opened the door, the male person and the child were absent in the room. He immediately reported the matter to the GD charge of Payyannur Police Station and on the basis of the above first information statement (Ext. P29), a crime was registered as Crime No.61/2010 under Section 174 Cr.P.C. PW28, the Sub Inspector, Payyannur Police Station who had conducted the initial investigation, at first, found that it is a case involving Section 498-A IPC against the accused persons 1 to 3. Accordingly, the section was altered to 498-A IPC against the accused persons 1 to 3 and he filed a report to that effect, on 1.2.2010. Thereafter, when the investigation progressed, the offence under Section 302 IPC was also revealed and accordingly, another report was filed on 20.2.2010, incorporating the offence under Section 302 IPC also. Thereafter, the investigation of the case was taken over by the DySP, Thaliparamba, namely PW39. After the incident, the 1st accused was absconding and therefore, PW39 filed final report stating that the 1st accused was absconding. Subsequently, the 1st accused was extradited from Dubai and thereafter further investigation was conducted by PW40 and a further report was also filed by him. The investigation revealed that the offence under Section 302, 201, 498A of IPC were committed by the 1st accused and the offence under section 498-A IPC was committed by accused persons 2 and 3 and accordingly, they were tried for the aforesaid offences.

4. PROSECUTION CASE: The prosecution case is that, the 1st accused married Smt. Remya, the deceased on 2.6.2002 and while they were living together as husband and wife in the residence of the 1st accused, he along with the accused persons 2 and 3, suspecting her chastity spread false allegations against her and subjected her to cruelty demanding more dowry. In that respect, Remya filed a complaint against accused persons before the Circle Inspector, Women's Cell, Kannur. Due to that enmity, the 1st accused with the intention to murder Remya, secretly came home on 15.1.2010 from his place of work in UAE. On 16.1.2010, at about 5.45 p.m. he secretly took Remya and their younger daughter aged 1½ year, from her house, and finally reached Everest Lodge, Payyannur Central Bazaar, on 20.1.2010 and stayed in room No.204 therein. While staying in that room, he murdered Remya by hanging her from a hook in the sealing of that room by tying a shawl around her neck. Thereafter, with the intention to destroy evidence, locked the door of the room from outside using the bolt, stealthily dropped the younger child Keerthana at the courtyard of the house of PW1, the father of Remya, at about 12.30 a.m. on 21.1.20