A Division Bench of the Kerala High Court on Friday set aside the life imprisonment awarded by the Kollam Sessions Court to Biju Radhakrishnan, one of the accused in the solar scam cases, in a case relating to the murder of his wife in February 2006.
The prosecution charge was that Biju had asphyxiated his wife Reshmi after forcing her consume liquor laced with poison at his house at Kulakkad in Kottarakara. The murder took place on the night of February 4, 2006. He was arrested on June 17, 2013, by the Crime Branch.
The court said that no materials had been brought out to infer a forcible administration of ethyl alcohol and the consequent soft smothering as alleged by the prosecution. Therefore, the accused was entitled to the benefit of doubt and acquittal of the offence under Section 302 of Indian Penal Code.
The court pointed out that the prosecution relied on the deposition of a minor child to prove that the accused had assaulted his mother and forced to drink some form of liquid. At the relevant time, the child was only three-and-a-half years old. When he was examined before the court, he was 11 years old.
It was settled law that the investigating officer must record the statement of eyewitnesses at the earliest opportunity after registration of the case. If there was a failure to record the statement for a considerably long period, the evidential value of such statements may be diminished, the court said.
The Bench said the attitude of the officer would amount to grave dereliction of duty and negligence in investigating the case.
The Bench also acquitted Rajammal, mother of Biju, second accused in the case. Rajammal was found guilty under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) read with Section 34 of the Indian Penal Code.