Kerala High Court Confirms Husband’s Conviction in Wife’s Murder, Highlights Unlikelihood of Suicide in Nudity
The Kerala High Court upheld the life sentence of a husband convicted under Section 302 of the IPC for murdering his wife by hanging. The Court ruled out suicide as the cause of death since the woman’s nude body was found hanging in a lodge room locked from the outside.
12/10/20241 min read
M Shammy Kumar v. State of Kerala & Connected Matter
The Kerala High Court, comprising Justices P.B. Suresh Kumar and C. Pratheep Kumar, upheld the life sentence of a husband convicted under Section 302 of the IPC for murdering his wife by hanging. The Court ruled out the possibility of suicide, as the woman’s nude body was discovered hanging in a locked lodge room.
The Court relied on the testimony of an experienced police surgeon, who stated that Indian women typically do not commit suicide in a nude state unless mentally unstable. This detail strongly indicated homicide. Photographic evidence and expert opinions were key in confirming this conclusion.
The prosecution argued that the husband, suspecting his wife's chastity, murdered her. Initially, the case was treated as one of matrimonial cruelty, but further investigation added charges of murder under Section 302. The husband (the first accused) was convicted under Sections 302 (murder), 498A (cruelty), and 201 (causing disappearance of evidence). His mother (the third accused) was found guilty under Section 498A.
The defense contended that the case relied only on circumstantial evidence, including the last-seen theory, and argued that the prosecution failed to prove guilt beyond reasonable doubt. They also claimed medical evidence didn’t entirely rule out suicide.
The Court found no evidence to establish cruelty under Section 498A. However, it held the husband guilty of murder, noting:
He failed to provide an alibi or produce his passport to prove he was abroad during the incident.
Medical evidence showed the hanging occurred before death (antemortem hanging) and ruled out suicide.
The husband was the last person seen with the deceased and failed to explain her death.
The Court also noted that the deceased had approached the police over matrimonial disputes, including the husband’s doubts about her chastity and the paternity of their son. After reviewing all evidence, the Court upheld the husband’s conviction for murder, concluding that the chain of evidence was complete and proved his guilt beyond reasonable doubt.