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HIGH COURT OF KERALA
M.SHAMMYKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
What is the main issue whether the 1st accused subjected Remya to cruelty under Section 498-A IPC? What is the Court’s finding on whether the 1st accused murdered Remya by hanging under Section 302 IPC? What is the Court’s ruling on whether the 1st accused committed the offence under Section 201 IPC?
Key Points: - (!) The court finds Remya died inside room 204 with the 1st accused present; last seen together and circumstantial chain leads to guilt under 302 IPC for the 1st accused, sustaining the conviction. - (!) The Court holds the 1st accused guilty of murder under Section 302 IPC; upholds the conviction and life imprisonment. - (!) The Court sets aside the 1st accused’s conviction under Section 201 IPC for causing disappearance of evidence; acquits him of 201 IPC. - (!) It is concluded that prosecution failed to prove cruelty under Section 498-A against the 1st and 3rd accused; 3rd accused acquitted of 498-A. - (!) 3rd accused acquitted of 498-A IPC; 1st accused’s 498-A conviction set aside, while 302 IPC conviction remains. - (!) - (!) Final conclusions: Crl.Appeal 755/2017 allowed in part (3rd accused acquitted of 498-A); Crl.Appeal 1193/2017 allowed in part (1st accused acquitted of 498-A and 201); 1st accused’s 302 IPC conviction sustained.
JUDGMENT
Dated this the 9th day of December, 2024 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 .
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 wi
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