STATE OF U.P. V. M.K. ANTHONY

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GENERAL INFORMATION

CASE TYPE – SPECIAL LEAVE PETITION

FACTS OF THE CASE

Respondent M.K. Anthony was a resident of Kerala and he was serving as a clerk in the Cash Office of the Central Railway at Jhansi.  He was staying with his wife and two children – a son named Sajji and a daughter named Rita in a quarter of R.P.F. in Laxminagar. Smt. Anna Kutti was admitted in a hospital popularly known as a German Hospital for some genealogical disorder. A surgical operation was performed on February 22, 1973. When Smt. Anna kutty was confined in the hospital, the respondent had left his children with Radhakrishnan Nair. The minor operation performed on Smt. Anna Kutty. It was revealed by the doctors that she had a tumour in the uterus and a major operation which may cost around Rs. 600 was considered necessary. After consulting Nair, he took his wife to Kerala for major operation. He had to pay 206 Rs. to the hospital. He had not enough money to pay, so he requested Nair to lend him loan. But Nair was not in the position to lend him the loan so he requested his friend Shri Krishna Tiwari to advance him a loan of Rs. 206/- on February 26, 1973. Respondent picked his children from the house of Nair, on the way of returning home from hospital with his wife. He requested Nair to send his wife to his house to look after his ailing wife and preparing food for his children. When she went to the house of respondent, she saw Anna Kutty and two children lying on the ground and their clothes were soiled with blood. Nair went to office of respondent to tell him about this incident. They reached house of respondent. Prabhakar malyali (a friend and a colleague of respondent) reached there with a railway doctor and ambulance. The doctor declared them dead. The railway doctor asked Nair to report this to the police. Nair lodged a report at 12.15 noon in a station of Prem Nagar. On March 1, 1973 Nair went to the house of the accused and while they were discussing the tragedy, Nair stated that whoever was responsible for the murder of such charming dear children would not be forgiven by God. At that time, the respondent started weeping and went near the photo of Jesus Christ and confessed that he had murdered his wife and children because he was in the trouble without money. He had already borrowed money and needed more money but no one could help him more. The respondent was arrested when Mr. Nair told this to the police.

The Respondent M.K. Anthony was prosecuted in the murder case of his wife Smt. Anna Kutty and his two children (a son Sajji and a daughter Rita – son was 6 years old and daughter was 4 years old during the night between 26 and 27 February, 1973). Sessions judge of Jhansi convicted him for the murder of his wife, son and daughter. The Sessions Judge awarded him maximum penalty under the law. An appeal also came up in Allahabad High Court. The High court gave the respondent the benefit of doubt and acquitted him. An appeal went in the Supreme Court under Article 136 against the holdings of the High Court.

ISSUES OF THE CASE

Whether the view taken by the High Court of the evidence as well as circumstances proved by the prosecution is reasonable or as such as would not call for interference by this court in and appeal under article 136.

CONTENTIONS OF PETITIONER

16 Witnesses were examined on the side of the prosecution including Nair. Jagdish Singh, Phillips, Krishna Kumar Tiwari were among the 16 witnesses.

Petitioner contended that M.K. Anthony had murdered his wife and two children because of trouble without money. He had no enough money for his wife’s operation and he killed his wife and children.

CONTENTIONS OF RESPONDENT

Respondent denied having committed any offence and disclaimed any knowledge as to how his wife and children murdered.

 Respondent said that witness Nair was suspected for having participated in committing murder of one Shri S.A. Nair and was under the police pressure he escaped by giving false statement. Same allegation was made against Jagdish and Krishna Kumar Tiwari also.

Respondent submitted that Smt. Anna Kutty was suffering from genealogical disorder and was therefore, disgusted with the life, so she decided to put an end to it and knowing that there would be none to look after her children she first murdered her two children and the n committed suicide.

JUDGEMENT

Judgement of Sessions Court – The Sessions Court after evaluating the evidence held that the extra – judicial confessions made to Nair and Jagdish Singh are satisfactorily proved. Court held that respondent had the opportunity to murder during the night between February 26 and 27, 1973.

Judgement of High Court – High court did not accept the evidence of Nair and Jagdish. The High Court held that the prosecution had failed to prove that the respondent had a motive to commit crime. The High Court held that the case is not proved beyond doubt and acquitted the respondent.

Judgement of Supreme Court – The judgement and order of the High Court acquitting the respondent was quashed and set aside and the order convicting the respondent made by the sessions judge is restored but the sentence is commuted to one for life imprisonment. The respondent had to suffer imprisonment for life.

written by  Diksha intern under legal vidhiya

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