The existence of strong suspicion based on prima facie evidence justifies proceeding to trial without discharging the accused.

ORDER

In 2019, the State of Kerala was rocked by allegations of six murders having taken place over a period of a dozen years and more. Revision petitioner is alleged to be the culprit and the brain behind all those alleged murders. A suspicion that arose in the mind of an immediate relative regarding the conspicuous presence of the revision petitioner in all the deaths that happened in their family, led to the shocking revelation that all those deaths were in fact murders committed by the petitioner. Revision petitioner is thus facing an indictment for six alleged murders. One of the murders related to the death of her own husband in 2011.

2. Revision petitioner is alleged to have been directly involved in the murder of her mother-in-law in the year 2002, father-in-law in 2004, her husband in the year 2011, her mother-in-law's brother in the year 2014, and the young daughter and the first wife of her present husband in the year 2014 and 2016 respectively. The present case is in relation to the murder of revision petitioner's husband Sri. Roy Thomas, alleged to have been committed on

30.9.2011.

3. After investigation, a final report was filed alleging offences under sections 110, 120(b), 465, 467, 468, 471, 302 and section 201 r/w section 34 of Indian Penal Code, 1860 (for short ' IPC ') apart from section 2 r/w section 6(2) of the Poisons Act, 1919. According to the prosecution, utilizing the cyanide procured through the second and third accused, the first accused had, on 30.9.2011, mixed the poison in a dish served for dinner and with water. Her husband ate the food and drank the water kept on the table and died. Later the first accused destroyed the evidence by cleaning the vessel and the glass. The prosecution also alleges that the first accused along with the fourth accused had forged a Will of her father-in-law and used that forged Will for effecting mutation of the property and thus the accused committed the offences alleged.

4. After the case was committed to the Court of Sessions, on realising the commission of offences triable exclusively by a Court of Session, the first accused (hereinafter referred to as 'revision petitioner'), filed Crl.M.P. No.226 of 2022 seeking her discharge. According to the revision petitioner, she is innocent and has not committed any offence as alleged by the prosecution.

5. The revision petitioner also claimed that the entire prosecution story is cooked up, and in the absence of any incriminating material against her, she is entitled to be discharged. The revision petitioner further alleged that despite citing 249 witnesses, no incriminating material had been recovered against her nor do the statements of the witnesses implicate the revision petitioner in the crime. She further asserts that except for the statements of few interested witnesses, there is a total absence of evidence to prosecute or frame a charge against her and therefore she is liable to be discharged. It is also alleged that except for few statements made under the influence and threats of the investigating agency, no documentary evidence is available in the prosecution case to connect the revision petitioner with the offence and the allegation of an attempt to acquire property as a motive for the murder, is without any basis.

6. The revision petitioner also alleged that the inclusion of allegations relating to forgery is also without any basis and has pleaded that the findings in the post-mortem report are not consistent with the allegations of the prosecution, as no poisonous content was found and therefore, the inclusion of the offences under the Poisons Act is also without any basis. Revision petitioner further contends that the documents produced by the prosecution are all false and fabricated and that the motive alleged and the other incriminating circumstances and the statements of witnesses cannot create a strong suspicion against the revision petitioner. Apart from the above, it is also alleged that the alleged recove