"No Woman Would Commit Suicide In Nudity, Clear Case Of Homicide": Kerala High Court Upholds Husband's Conviction For Wife's Murder

The Kerala High Court has upheld the life sentence given to the husband under Section 302 of the IPC for the murder of his wife by hanging. The Court upheld the conviction by ruling out the possibility of suicide since the body of the deceased was found hanging in a nude state in a lodge room which was locked from the outside.The Division Bench of Justice P.B. Suresh Kumar and Justice C.Pratheep Kumar relied upon the evidence of the police surgeon to state that normally Indian women hide their nudity when they commit suicide. The Court observed that the fact the deceased was found in a nude clearly indicates homicide, as opposed to suicide. “The fact that the deceased was found hanging in nude form is to be evaluated in the above context. The above circumstance was strongly relied upon by the learned Special Public Prosecutor to show that it is a case of homicide and not a case of suicide. We are in respectful agreement with the statement of the learned Special Public Prosecutor as well as the evidence of PW20 that no woman will chose to commit suicide in nudity. The fact that in Ext. P9 series photographs, the deceased was found hanging nude, is a clear indication against suicide and a sign of homicide.”As per the prosecution case, the accused suspected the chastity of the wife and committed her murder by hanging. Initially, the investigation was conducted by the police who suspected it to be a case of matrimonial cruelty. However, further investigation revealed that it was a murder and Section 302 was also added. The 1st accused, the husband of the deceased was found guilty under Sections Sections 498A (cruelty), 302 (punishment for murder) and 201 (causing disappearance of evidence) IPC by the Special Court for the trial of Offences against Women and Children, Thalassery. The 3rd accused, mother-in-law was found guilty under Section 498A of the IPC.Aggrieved by their conviction, appeals have been preferred before the High Court. The Counsel for the accused submitted that there was no direct evidence and that there was only circumstantial evidence, including presumptions under the Evidence Act and the last-seen theory against the husband. It was argued that the prosecution had failed to prove the charges beyond reasonable doubt. It was further argued that the medical evidence has not ruled out the possibility of suicide completely. The Court noted that there was no evidence to prove that the accused had subjected the deceased to cruelty and that Section 498A cannot be attracted. Regarding the charge of murder, the Court stated that the accused had not given proof for the plea of alibi to claim that he was abroad when the deceased was murdered. It also noted that the accused deliberately suppressed his passport from being produced before the Court. The Court further stated that medical evidence suggested that this was a case of antemortem hanging and also ruled out the possibility of suicide. Further, the Court relied upon the evidence of the police surgeon's deposition that normally females would not commit suicide in a nude state unless they are mentally unstable to rule out the possibility of suicide. The Court noted, “PW20 is an experienced Police Surgeon having more than 33 years experience in the field, at the time of examination. He would swear that, normally Indian women hide their nudity, when they commit suicide. In the instant case, except that there was a loin cloth, the victim was nude….During re-examination, PW20 deposed that he had 33 years of experience in the field and that he used to attend at least 30 hanging cases in a month and also that he had never seen a women who had committed suicide by being nude. During further cross examination, he deposed that in Modi's Book on Medical Jurisprudence, it is stated that Indian women, while committing suicide, will not expose their private parts and also that it does not state about existence of exceptions.”The Court further noted that the deceased had approached the police due to their matrimonial issues and mediation talks were going on between them. It also took note of the fact that the accused doubted the chastity of the deceased and there were disputes regarding the paternity of their first son. The Court also found that the deceased had secretly taken the deceased and their daughter to the lodge. The Court stated that the deceased was last seen in the company of the accused and their minor daughter in the lodge room where she was found hanging. It observed that the accused was unable to explain what happened to the deceased and how she died. Additionally, the Court found that the accused secretly came to India and absconded from India after the alleged incident. Considering all the evidence, the Court found that the chain of evidence was complete and that it was proved beyond reasonable doubt that the accused murdered his wife. As such, the appeal was allowed in part by upholding the conviction of the accused under Section 302 of the...

"No Woman Would Commit Suicide In Nudity, Clear Case Of Homicide": Kerala High Court Upholds Husband's Conviction For Wife's Murder

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