Man murders wife: Statement of child witness can be trusted, says HC
A 9-year-old-boy was the sole eye witness when his father inflicted serious injuries on his mother. The incident happened in the house and the mother died the next day in hospital.
The Kottayam sessions court sentenced Shibu, the husband of the deceased, to life imprisonment after evaluating the evidence. The High Court dismissing his appeal held that none other than Shibu had caused the death. The punishment was upheld.
The incident happened on March 3, 2010. Shibu suspected the chastity of his wife. Using a firewood, he hit her and caused serious injuries. As a result she died the next day.
The sessions court said there is absolutely no reason to disbelieve the child witness aged 9. The high court observed that even assuming that the evidence of the child witness is doubtful, the accused has to explain the circumstances under which his wife died at home. His explanation was baseless and rejected.
It is true that there were minor discrepancies in the statement given by the boy but his deposition as to the acts of his father remains totally unshaken, the HC said.
Shibu had a different story to tell the sessions court. He said that she had illicit relationship with a person named Shaji. On that day there was a scuffle between him and Shaji and his wife intervened. She fell down amidst that and sustained injuries.
The High Court observed that the lady had sustained 28 injuries. They were inflicted by none other than the accused according to the child witness. The high court said it can be fully believed and the explanation of the accused is like a fairy tale. It has come out in the evidence that the 9-year-old-boy was the sole witness to the incident and it points to the irresistible conclusion that the accused alone is responsible for the death of his wife.