GREESHMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

(2.) The prosecution allegations, in short, are as follows:

(3.) The first accused, knowing that her prospects would be better if she was able to get rid of him, decided to kill him. She again acted in a lovable manner and gave the ayurvedic decoction laced with pesticide and instigated him to drink the said ayurvedic decoction and thereafter gave fruity to avoid the bitter taste of said ayurvedic mixture, stating it as a 'juice challenge'. After consuming the said ayurvedic mixture, the deceased vomited in the bathroom of the first accused's residence. Subsequently, he went to his house on a motorcycle ridden by his friend. After reaching home, he again vomited, and his condition became worse. He was first admitted at Parassala Government Hospital and thereafter referred to Medical College. Thiruvananthapuram. After being discharged from Thiruvananthapuram Medical College, he returned to his home but again vomited and was admitted to a clinic situated at Valiyathura. When the condition of Sharon Raj became worse, he was referred to Thiruvananthapuram Fort Hospital. On 17/10/2022, he was again referred to Thiruvananthapuram Medical College Hospital and continued his treatment till 25/10/2022. On 25/10/2022 at 5.55 pm, Sharon Raj succumbed to serious damages sustained to his internal organs such as kidney, liver and lungs on account of the impact of Kapiq herbicide mixed in the ayurvedic decoction given to him by the 1st accused. After getting information regarding the death of Sharon Raj, the 2nd and 3rd accused took the pesticide bottle used for the commission of the offence and threw it onto the northern side of their property. Thereafter, 3rd accused, with the aid of 1st and 2nd accused, took the pesticide bottle from the said place, which was concealed in a place at Ramavarmanchira. Thus the accused Nos. 1 to 3, in furtherance of their common intention, committed the murder of Sharon Raj and thereafter caused the ayurveda and pesticide bottles used for the commission of the offence to disappear with an intention to screen them from the legal punishment and thus alleged to have committed the offences punishable under Ss. 364, 328, 302, 201 and 203 r/w 34 of the IPC.