HC sets aside trial court order in matricide case

The Madras High Court has acquitted a man who was sentenced to life by a lower court in Puducherry for allegedly causing the death of his mother by strangulation on February 1, 2015.
In a recent judgment, a Division Bench of the Madras High Court comprising Justice S Nagamuthu and Justice N Authinathan, overturned the verdict of the lower court which sentenced the man, hailing from Thirukkanur in Puducherry, to undergo rigorous imprisonment for life and also pay a fine of Rs 5,000, stating that the (lower) court cannot afford to convict a person "either on mere surmise or suspicion."

The bench disagreed with the conviction order passed by the lower court that the woman's death did not occur due to suicide.
"The trial court has referred to somejudgments of the Supreme Court and has found that the theory of suicide, as propounded by the accused, cannot be true and therefore it should be concluded that the accused caused thedeath of the deceased," the bench said in its order.
It further said, assuming that the theory of suicide is not correct, that by itself would not go to prove or give rise to a presumption that it was the accused, who caused the death of the woman (his mother).

"Thus, in our considered view absolutely there is no evidence to convict the accused in this case."

The bench also said, "Fair trial denotes proof beyond reasonable doubt of the guilt of the accused."
"The court cannot afford to convict an accused either on mere surmise or suspicion. Suspicion, however, strong it may be, cannot take the place of proof. In this case, at the most, it could be stated that the prosecution has only made out a suspicion against the accused."
"Therefore, we are inclined to acquit the accused by setting aside the judgment of the trial court."
The prosecution case was that the man had allegedly caused the death of his mother by strangulating her using a sacred thread worn by her, for frequently quarrelling with neighbours.

On the fateful day, the man had tried to persuade his mother to stop fighting with neighbours. However, as she did not stop, he is said to have slapped and also kicked her. Subsequently, the woman had gone inside the house and bolted the door from inside.
Later, she is said to have ended her life inside the house following which local police filed a case which was heard by the III Additional District and Sessions Judge, who convicted him.
According to the prosecution, the accused had given a false complaint to the Station House Officer, Thirukkanur Police, Puducherry, that his mother had committed suicide by hanging, using a saree.