Monday, September 1, 2014

Statement of Facts

                           STATEMENT OF FACTS
    • Wilfred Thomas, a post graduate had his initial employment in New Fashion jewellery. Later he was posted as the manager in their jewellery shop in Abudabi.

    • In April 2010 he reached at his native place for the purpose of marrying a girl. He found  Rose Philip, with the help of his friend Bennat George, and decided to marry her.  The marriage was solemnised on 15/05/2010 with Rose Philip, a 19 years old beautiful girl from Thaikkadu in Trivandrum district.

    • On 19/05/2010 they went for a  honeymoon trip to Munnar in Idukki district, where the bride groom’s friend Bennat George was doing his business and they returned to her home on 22/05/2010 as she was attending Civil Service examination. For the convenience of attending the same both of them went to his brother’s home on 23/05/2010. On 29/05/2010 the couple reached at Thaikkadu and on the next day proceeded to Munnar to attend the register marriage of Bannet with Swathi. Both of them returned from Munnar on 01/06/2010 morning and reached Thaikkadu at 4. pm. After leaving Rose there at her home, the accused had gone out stating that he had to bring his younger sister to the Medical Mission hospital where his elder sister was undergoing treatment for cancer and that he would return only very late. 

    • On the same day, Rose had told her mother that she had been taking contraceptive as given by Wilfred. In the meantime Wilfred contacted Rose thrice over the phone and asked her to take the medicine and go to sleep so as to wake up at the time of his arrival. So she went to sleep at 09.10 pm. 

    • During heavy rain Wilfred reached the house at 10.45pm., and was received by his in-laws. The mother of Rose expressed her anxiety why rose was not coming there, and went to the bed room and found that the room was bolted inside. As the knocks at the door proved futile, they went outside to look through the window. The windows panes were broken by them and found that Rose was lying supine on the floor. Her mother break opened the door and herself and Wilfred attempted to lift her up, but failed. Immediately Rose was taken to General hospital Trivandrum by her husband and mother and her death was confirmed by the doctor. On the next day morning Mary Philip, Mother of Rose reached the police station and lodged information. 

    • Circle Inspector registered the case under section 174 Cr.PC of unnatural death. But during the stage of investigation he came to know that, it was a murder and arrested Wilfred. A report was sent to the Judicial magistrate of First Class, Vanchyoor for altering the section. Accused was charge sheeted before the Judicial Magistrate of First Class, Vanchiyoor for the offence under S.302 of Indian Penal Code, as if the accused had committed the murder of Rose by giving sodium cyanide on the pretext of an Ayurvedic contraceptive. The case was committed to the Principal District and Session Court, Trivandrum for trial.  Before the Sub Divisional Magistrate, Trivandrum