LAWS(KER)-1991-4-11

SATHYASEELAN Vs. STATE

Decided On April 05, 1991
SATHYASEELAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) A pretty damsel was snared into a trap by her employer and two other men and killed her by filling her mouth with lethal poison. Her corpse was disposed of in a far away jungle as denouement of the plot. This is the hub of the prosecution story. Among the three conspirators, two because accused and the third was transposed as approver on being tendered with a pardon. Sessions Court conflicted the two accused arraingned before it. They have filed these two appeals separately.

(2.) The story narrated by the prosecution is punctuated with love, sex, adultery, deception etc. Appellant - Sathyaseelan (A 1) was proprietor of a weaving mill in which men and women were employed. Geethakumari was one of the employees in the mill. Al's wife was not a healthy woman and the spouses had no issues. A 1 utilised opportunities to flirt with Geethakumari and eventually cultivated illicit sexual relationship with her by impressing upon her that he would marry her. The wife of the appellant had a penumbra of suspicion regarding this affair. She reacted violently at it. On a particular occasion she even slapped on the cheek of Geethakumari. But such adversities did not deter Geethakumari from continuing her intimacy with A 1. She applied pressure on him to have a ceremony of marriage with her at least by executing a registered document. For some more time A 1 succeeded in his procrastinative tactics. However, at one stage Geethakumari gave an ultimatum that unless he would marry her she would undertake a fast in front of his house. As he found that he could no longer run with the hare and hunt with the hound, the idea of liquidation of Geethakumari stemmed in his mind. Himself along with A2 (his brother-in-law) and his friend (P. W.7) met in secrecy and chalked out a scheme to finish her off.

(3.) In implementation of the scheme A1 decoyed Geethakumari to a vacant building owned by him. It was in the morning on 25-5-1984. Without sensing any danger, but redolent with hope that she would soon become the bride of A1 at least through a registered document, she went to the vacant building in nuptial costumes. But A1, after seeing her, could not resist his thirst and allured her to have a liaison with her in the next room. A2 wanted to take advantage of the situation and hence he also insisted for a go with her. She raised protestation against it, but Al cautioned her that A2 could ruin the matrimonial prospects unless he too was satiated. Against all her importunities she was finally prevailed upon to yield to him also. Out of fatigue, she asked for a glass of water A1 gave her tea which was already prepared mixing with poisonous insecticide called ' ekalax". But she spat out the first dose as she felt some mal taste. A1 and A2 could not wait further to reach the acme of their scheme. So, Al forcibly opened her mouth and emptied the bottle of poison into the mouth. Both A 1 and A2 then gagged her mouth. She struggled to spit it out, but the pressure was so irresistible that the liquid percolated into her system. In no time she slumped down, showed some fits and slouched her head.