Thiruvananthapuram, Jun 14 (ILNS) The Kerala High Court has acquitted a woman suffering from Metal Disorder and convicted for murdering her own mother and two small daughters, stating that a lady will normally not be able to do such gruesome act, whether solitary or at a stretch.
A Division Bench of Justice K Vinod Chandran and Justice M R Anitha said, “During her examination, she specifically stated that knowingly, she cannot harm even a fly.”
The Court further held that the failure of the Investigating Officer to subject a murder accused to medical examination in a case where mental stability of the accused is doubted, will entitle the accused to an acquittal.
The court said, “If the Investigating Officer was fair enough and wanted to bring the true facts before the Court, he would have made an enquiry into the aspect of the soundness of the mind of the accused.”
The Criminal Appeal arose out of the conviction and sentence passed against the accused in the Sessions Court, Kollam of imprisonment for life and fine of Rs 10,000 for intentionally causing the death of her mother and two daughters by slashing on their neck with knife and further attempting to commit suicide by inflicting a deep cut injury on her neck.
Counsel for the accused Advocate PK Varghese, in his arguments, thrust upon the ground of infirmity in the investigation in not conducting any enquiry as to the mental state of the accused, in spite of there being evidence to the factum of the accused having been subjected to treatment for mental problems.
The court noted the statement given by the Doctor, which said that the accused had a history of suicidal cut on throat.
The Senior Public Prosecutor, on the other hand, contended that the conviction and sentence passed against the accused by the Sessions Judge was perfectly legal and there was no scope for interference. ILNS/HS/RJ