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JOBIN SEBASTIAN, P. B. SURESH KUMAR
Viswanathan S/o. Kunju Nair – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
P.B.Suresh Kumar, J.
The sole accused in S.C.No.367 of 2009 on the files of the Court of the Additional Sessions Judge-III, Mavelikara is the appellant in the appeal. He stands convicted and sentenced for having committed the murder of his wife, Remadevi.
2. The accused was a tailor by profession. He was residing with his wife and younger son, Varun. The elder son of the appellant, Vipin was residing with one of his maternal aunts for the convenience of his education. Remadevi was not present in the house when Varun woke up on 10.09.2005. When Varun enquired with the accused, the latter informed him that she had gone for a wedding. Remadevi did not return home on 10.09.2005. The accused also did not return home after his work on the said day. The disappearance of Remadevi raised suspicion among her relatives, and on a search made by them, her body was found in an unused septic tank in the courtyard of her house itself.
3. On the basis of the information furnished by the brother of the deceased, Rajeev Kumar, Mannar Police registered a crime on 11.09.2005 in connection with the death of Remadevi. The investigation in the case revealed that
Circumstantial evidence can establish guilt beyond reasonable doubt, and if the accused believed the victim to be lifeless, it may negate culpable homicide.
Circumstantial evidence must form a complete chain conclusively proving guilt; failure to provide plausible explanations by the accused strengthens the case for conviction.
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
The prosecution must prove guilt beyond all reasonable doubt; circumstantial evidence needs to establish a complete chain of events without gaps for a conviction.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, and the application of legal principles o....
Prosecution must prove guilt beyond reasonable doubt through a complete chain of circumstances; mere conjecture is insufficient for conviction.
Disposal of body believed lifeless after overdose not culpable homicide or murder; intention assessed by accused's belief. Bail granted as no prima facie murder case.
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