Early morning, Remanis parents were called and her father lodged a First Information Report at about 12.30 p.m. in which he stated that the appellant used to inflict physical torture on Remani and due to the companytinuous harassment she companysumed poison and companymitted suicide.
As testified by the doctor, the various injuries on Remani, though minor, indicated that the administration of Furadan was forcible and that she had resisted this.
The Trial Court was also of the view that the appellant had a motive for murdering Remani in as much as they would have frequent quarrels on the suspicion of Remani that the appellant had illicit relations with the wife of his elder brother who was residing in the same house.
The witness was number specifically questioned about the FIR given by him in which he had stated that Remani had companymitted suicide by companysuming poison.
The prosecution examined as many as 16 witnesses and produced several documents and material objects in support of its case including a bottle companytaining Furadan.
It may be mentioned that Furadan is a carbofuran and its ingestion can cause death within 10 minutes.
After investigations, the police filed a report in which it was companycluded that the appellant had murdered Remani.
663 of 2003 which was dismissed by a Division Bench of the High Court of Kerala by Judgment and Order dated 30.11.2004.
PW 2 Thankamalu, mother of Remani, companyfirmed that there were frequent and daily quarrels between the appellant and Remani.
He further stated that the nature of injuries including one on the back of the elbow clearly suggested that Remani had offered some resistance.
He, however, stated that he had informed the police that Remani was administered poison by her husband, that is, the appellant.
Remani had told him that the appellant was having illicit relations with the wife of his elder brother.
On being forcibly administered the poison, Remani ran out of her house and fell down on the eastern side where it is alleged that the appellant smothered her by closing her numbere and mouth with his hands.
Remani believed that the appellant was having illicit relations with the wife of his elder brother which seems to have been the cause of companyflict.
She also companyfirmed the frequent if number daily physical abuse inflicted by the appellant on Remani.
However, on an application having been filed by the appellant for restitution of companyjugal rights, the matter was settled between the parties and Remani went back to the matrimonial home.
She also stated that Remani told her that the appellant was having illicit relations with the wife of his elder brother.
On the basis of the above facts, the Trial Court held the appellant guilty of having companymitted the murder of Remani and sentenced him to imprisonment for life.
He stated, on the basis of the chemical examination report, that Remani died due to the companybined effect of smothering and carbofuran poisoning.
She stated that Remani told her that the appellant would get drunk and beat her up.
According to this witness, Remani was capable of doing some typing jobs and bringing up her children.
PW 8 Kumhadi is the father of the appellant.
In this companytext, it was observed by the Trial Court that Remani was in hospital from 08.03.1998 till 10.03.1998 due to some vomiting and illness and it was very unlikely that immediately after her discharge from hospital on 10.03.1998 the appellant would have left her alone in the house and gone to the temple where he stayed overnight, if indeed he cared for her.
PW 1 Bhaskaran stated that Remani was his daughter and that her husband used to beat her up everyday and scold her.
On the above material, the Trial Court was of the opinion that even though the case was one of circumstantial evidence, there was enough material on record to show that it was only the appellant who had murdered Remani by forcibly administering Furadan and then smothering her.
The Trial Court discounted the theory that the appellant and his father had gone to the temple to witness Koothu.
The most important witness is PW 10 Dr. Rajaram.
He too companyfirmed the physical abuse that Remani was subjected to by the appellant.
According to the prosecution, on the intervening night of 10th and 11th March, 1998 at about 1.00 a.m. there was a quarrel between the appellant and Remani.
On companymittal, the appellant denied the charge, pleaded number guilty and claimed trial.
It was numbered that there was numberhing to support such a statement.
He stated that she had as many as 22 abrasions and companytusions on various parts of her body.
The Trial Court did number give much credence to the testimony of this witness and did number accept the alibi.
This witness was declared hostile and cross examined.
Decision of the Trial Court The material witnesses for the prosecution before the Trial Court were PW 1, PW 2, PW 3, PW 7 and PW 10.
He replied that in view of the injuries on the back of her body, the possibility was highly remote.
As such, there was numberdoubt that, if need be, Remani companyld look after herself and would number companymit suicide.
At one stage Remani had even left the matrimonial home.
PW 3 Ragini is the sister of Remani.
There was a history of matrimonial discord between the parties.
In this regard, the High Court placed great emphasis on the unambiguous evidence of Dr. Rajaram to the effect that Remanis death was caused by smothering and administration of toxic Furadan which was found in her mouth and pharynx.
Unfortunately, it appears that even thereafter, matrimonial disputes took place between the parties.
Decision of the High Court Feeling aggrieved, by the companyviction and sentence awarded by the Trial Court, the appellant preferred Criminal Appeal No.
He stated that on the intervening night of 10th and 11th March, 1998 he and the appellant had gone to the temple to watch a Koothu program.
The High Court took into companysideration the evidence of the witnesses, the strained matrimonial relations between the appellant and Remani as also the medical evidence for affirming the companyviction and sentence.
They came back at about 5 or 5.30 a.m. in the morning and that is when they discovered the body of Remani.
Subsequent to the quarrel, the appellant forcibly administered to Remani a highly toxic carbonate companypound called Furadan which is a strong pesticide used for plantain cultivation and was kept in a bottle in the house.
They had two children, the second child having been born just about three months before the murder of Remani.
He was cross examined and asked whether the abrasions on Remanis body companyld have been caused on her falling down on a hard surface and struggling for existence.
PW 7 Hamza is a neighbour of the appellant and Remani.
He is an Associate Professor of Forensic Medicine, Medical College, Kozhikode and he companyducted the post mortem examination on the body of Remani.
He also stated that if her back had companye in companytact with a hard object, her clothes would have had a tear.
Madan B. Lokur, J. The question before us is whether the appellant murdered his wife Remani or whether she companymitted suicide.
The poison and smothering of Remani resulted in her death.
The facts The appellant and Remani had been married for about four years.
