| Citation | AIR (2013) SCC 16433 |
| Date of Judgment | 4th April,2013 |
| Court | Supreme Court of India |
| Case Type | Criminal Appeal No. 164 of 2008 |
| Application | Sooguru Subramanyam |
| Respondent | State of Andhra Pradesh |
| Bench | K.S. Radhakrishna & Deepak Misra |
| Referred | Section- 302 |
FACTS OF THE CASE
The accused-appellant had entered into wedlock with Nagamani, the deceased, on 30.4.1998 and for some time, they lived in marital bliss at Hindupur. After four months, the needs of life compelled the couple to shift to Srikalahasti where the father of the deceased was working. The experience of life not being satisfactory hardly after eight months, at the insistence of the wife, they shifted back to Hindupur. The shifting to Hindupur did not bring satisfaction as expected and hence, eventually, they shifted to Madanapalle town where the accused was working prior to the marriage. As the prosecution story further unfurls, at the time of occurrence, i.e., on 17.10.2000, the accused was staying in the rented portion of the house belonging to Dhanalakshmi, PW-1. The other portion was occupied by one Imamvalli, father of S. Syed Basha, PW-5. Imamvalli was staying with his children and his wife was away at Kuwait and the proximity of stay, as alleged by the prosecution, gradually developed to an illicit intimacy between him and the deceased. Twelve days prior to the incident, the deceased was found in the company of Imamvalli in an auto- rickshaw by the accused, who dragged him out from the auto-rickshaw and assaulted him. The accused took the deceased to the house and warned her. The differences between the couple grew to bitterness which resulted in severe quarrels during nights. On 16.10.2000, there was a quarrel and, as the prosecution version proceeds, the accused had expressed his agony and anger before Pavankumar, PW-7, that if the deceased did not discontinue her illicit relationship, he might be compelled to send her back to her matrimonial home or get rid of her.
As the version of the prosecution has been further depicted, on 17.10.2000, about 6.30 a.m., the deceased was found dead in the house and the doors were locked from outside. PW-1, the landlady, lodged an FIR and a crime was registered. During the course of investigation, the lock of the room was opened by PW-13, the Investigating Officer, in the presence of one Babu Naidu, PW-12, and another. The further investigation led to seizure of incriminating material from the scene of the offence. Thereafter, inquest was held over the dead body of the deceased and it was sent for post mortem. The investigating agency examined number of witnesses and after completing the investigation, placed the charge-sheet for an offence punishable under Section 302 of the Indian Penal Code (for short “the IPC”) against the accused-husband before the competent court which, in turn, committed the matter for trial to the Court of Session.
On appeal being preferred, the Division Bench of the High Court, appreciating the evidence brought on record, concurred with the view of the learned trial Judge, regard being had to the circumstances which had been taken note of by him, especially that the premises was in exclusive possession of the accused; that the accused had lived with the deceased during that night; that the door was locked from outside; that the accused had absconded for a long time and, accordingly, gave the stamp of approval to the judgment of conviction and order of sentence of the learned trial Judge. Hence, the present appeal by way of special leave by the accused-appellant.
ISSUES
- Whether the suspicion relating to the illicit relationship by the accused- appellant has been established?
ARGUMENTS
Once it is held that the death was homicidal and the injuries were not the result of any violent sexual intercourse, the circumstances are to be scrutinized to see the complicity of the accused in the crime.
First, we shall advert to the issue whether the suspicion relating to the illicit relationship by the accused-appellant has been established. True it is, the neighbours, PWs-1 to 5, who have turned hostile, have stated that the husband and wife had an amicable relationship but the version of the other witnesses project otherwise. From the testimony of PW-8, Triveni, the younger sister of the deceased, it is apparent that on 1.10.2000, the deceased had come to their house at Hindupur and had told her that the accused was harassing her on the pretext that she had developed illicit relationship with someone and was not providing her food. She has deposed that she advised the deceased that quarrels are common in family life and she should adjust herself and, accordingly, she went back to her husband. In the cross-examination, nothing has been elicited to discredit her testimony.
PW-9, P. Gangappa, another relative of the deceased, has deposed about the deceased agonisedly describing before him the harassment meted out to her by her husband on the excuse that she had developed illicit intimacy with someone. There has been absolutely no cross-examination on this score.
JUDGEMENT
In the said case, it was also observed that in some cases, it may not be difficult to establish motive through direct evidence, while in some other cases, inferences from circumstances may help in discerning the mental propensity of the person concerned. In the case at hand, as is noticed, there is material on record which suggests that there was some ire that had swelled up in the mind of the accused to extinguish the life spark of the wife.
It is to be borne in mind that suspicion pertaining to fidelity has immense potentiality to commit irreversible wrongs as it corrupts the mind and corrodes the sense of rational thinking and further allows liberty to the mind to pave the path of evil. In fact, it brings in baseness. It quite often impures the mind, takes it to the devil’s den and leads one to do unjust acts than just deeds. In any case, it does not give licence to commit murder. Thus, the submission pertaining to the absence of motive has no substance.
In view of the aforesaid analysis, we conclude and hold that all the links in the chain of evidence are established beyond reasonable doubt and the established circumstances are consistent with the singular hypothesis that the accused is guilty of the crime and it is totally inconsistent with his innocence
REFERENCES
This Article is written by Raunak of Vikramajit Singh Sanatan Dharma College, Intern at Legal Vidhiya.
