BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 5.8.2008, passed by the High Court of Kerala, at Ernakulam, in Criminal Appeal No. 908 of 2004, reversing the judgment of acquittal dated 8.4.2003 recorded by the Sessions Court, Thrissur in Sessions Case No. 242 of 2001, wherein the appellant was charge sheeted for murdering his wife, Sweety, by giving her Sodium Cyanide.

(2.) This is a most unfortunate case, in which, a young, B.Com 2nd year student, Sweety died under mysterious circumstances within 15 days of her marriage in her parents house at Chalakudy. The appellant, Babu, is post-graduate and at relevant time had been employed in the Gulf in a firm, namely, Alukkas Jewellery dealing with golden Jewellery. The couple, after marriage on 15.5.2000, stayed for two days with the brother of the appellant at Ollur and they came back to Chalakudy on 17.5.2000, as the parents of Sweety had arranged a reception for them at their house. The couple stayed there for two days and left for Kozhikode on 19.5.2000 and stayed in the house of Benny (PW.10), a friend of the appellant. The couple came back on 22.5.2000 to Chalakudy, the family house of the deceased, Sweety. The couple again went to Kozhikode on 30.5.2000 to attend the marriage of Benny (PW.10) with one Seethal, which was scheduled to be held on 31.5.2000 and returned to Chalakudy, at 4.00 p.m. on 1.6.2000. The appellant left Sweety at her parents house and went to Amala Hospital to meet his sister and mother as his mother had undergone an operation for cancer and was convalescing. The appellant returned to Sweetys house at about 10.30 p.m. and found that door of her room was bolted from inside and there was no response on calling to her. The door was broke opened by the appellant and Sweetys father. Sweety was found unconscious lying on the floor. She was taken to the Government Hospital, Chalakudy, where she was declared dead by the doctors. Poulose (PW.1), father of the deceased lodged an F.I.R. on 2.6.2000 at 7.00 a.m. and it was registered as Crime No. 242 of 2000. The inquest was conducted on the same day and post mortem was conducted on 3.6.2000, and the deceased was buried thereafter. Paily (PW.21), the Deputy Superintendent of Police while conducting the investigation of the case received information that just few days prior to the incident the appellant had procured Cyanide, thus, he was arrested on 26.6.2000. An alleged confessional statement was made by the appellant that he had purchased Sodium Cyanide from the shop of Xavior (PW.7), who was dealing with jewellery as well as Sodium Cyanide. Xavior, PW.7 made a statement that the appellant had procured 1 Kg. Sodium Cyanide from him between 25.5.2000 and 27.5.2000. The post mortem report revealed that Sweety died of Cyanide poisoning. As per the statement of Omana Poulose (PW.9), mother of the deceased Sweety, the poison was given to Sweety by the appellant under the guise of giving her an ayurvedic contraceptive medicine. Paily (PW.21), the Investigating Officer completed the investigation and submitted a charge sheet against the appellant for the offence under Section 302 of the Indian Penal Code, 1860 (hereinafter called as IPC). The appellant pleaded not guilty to the charge of murder and claimed trial. The prosecution examined 21 witnesses in support of its case. Appellant in his statement under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter called as Cr.P.C.) stated that he was innocent and there was a possibility of the involvement of Benny (PW.10), who had misbehaved with Sweety and had sexual intercourse with her on 31.05.2000 when the couple was staying with him. More so, Sweety might have committed suicide because of feelings of guilt for that reason. The Trial Court dis-believed the prosecution witnesses and acquitted the appellant vide judgment and order dated 8.4.2003.

(3.) The High Court considered the submissions made by the prosecution that the appreciation of evidence by learned Sessions Judge was not proper one, thus, the findings of fact recorded by the Trial Court were perverse. The circumstances proved, ruled out the possibility of suicide. The medical evidence proved beyond doubt that the deceased died of Cyanide poisoning. Nobody except the appellant had procured the Cyanide poison and the appellant had persuaded the deceased Sweety to take it under the garb of it being an oral contraceptive. There was no question of dis-believing all the prosecution witnesses including the parents and sister of the deceased, Sweety. Appellant was unhappy with the deceased for her non-cooperation in carnal intercourse. Therefore, all the circumstances necessary to record a finding of guilt against the appellant stood proved by the prosecution. The High Court, vide impugned judgment and order dated 5.8.2008, accepted the States appeal and reversed the judgment and order of acquittal dated 8.4.2003 passed by the Trial Court. Hence, this appeal.