SNAGAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Murder, suicide or accidental death is the most vexing question that arises in this case, where the body was exhumed on complaints made by the relatives of the deceased, against the children of the deceased and his wife's relative. The issue was compounded by the fact that the relative of the wife, who assisted the children throughout, had political affiliations which led to public protest. This is another case where the police succumbed to public pressure.

(2.) The charge is under Sec.302 read with Sec.34 of Indian Penal Code [for brevity 'the IPC'] as against A1 to A4. The crime alleged is one of patricide by the daughter (A1), the son-in-law (A2) and the son (A3), actively aided by the friend of the son (A4). A5 is a close relative, on the maternal side of A1 & A2, who has been charged under Sec.201 IPC. The prosecution case is that on 06.08.2007, at midnight, A1 to A4 entered the bedroom of the deceased, the father of A1 & A3, to question him concerning the life interest reserved for himself in Ext.P33 document. A1 to A4 together banged the head of the deceased on the wall of the room and later tried to make out a case of suicide, with the help of A5. The relatives and neighbours were summoned in the morning and they saw the deceased lying on the floor with a dhoti hanging from the ceiling fan. Some tried resuscitation and having failed; the victim was rushed to the hospital in a taxi. At first, he was taken to the clinic of PW13, who asked him to be taken to a higher centre. The victim was then taken to the Public Health Centre and since no Doctor was available, he was taken to another clinic owned by PW14. PW14 is an Ayurvedic Doctor, who examined the victim and advised that he be taken to the Medical College Hospital. Death having been confirmed, he was brought back to his residence and given a burial as per the custom. Much later, on 23.08.2007, PW1, the sister of the deceased, made a complaint raising suspicion about the death of her brother. The body was exhumed on 09.10.2007 and a postmortem conducted. Two injuries were noted on the back of the head, which was the cause of death. An investigation was conducted and A1 to A4 were booked for murder, while A5 was roped in under S.201 IPC.

(3.) The motive alleged by the prosecution was the animosity of A1 to A3 against the father for reserving life interest in Ext.P33 document while settling 10 cents of his property in the name of his daughter and son-in-law; which belonged to himself and his wife. The motive is spoken of by the witnesses, who are the relatives of the deceased. On the background facts, the wife of the deceased died in a motor accident in the year 2005. On 01.08.2007 A1 married A2. The property, in which the deceased along with his children were residing, belonged jointly to the deceased and his wife. After the death of his wife, the deceased held the property along with the legal heirs of his wife, being the two children and their maternal grandmother. On 03.08.2007, just two days after the marriage, the children and their maternal grandmother executed Ext.P32 deed releasing their interest in the property in the name of the deceased. Immediately afterwards, on the same date, Ext.P33 deed was executed by the deceased in the name of his son and daughter, reserving life interest in the property.