Justice Sanjay Kumar K Vinod Chandran, while speaking of the various loopholes in the investigation and trial proceedings that resulted in two innocent persons languishing in jail, cautioned the police and the courts to strictly follow accepted rules of practice and procedure when lives are lost or taken away and when there is a possibility of false accusations being leveled and the reputation of the living being endangered.“An overzealous investigation is as fatal to a prosecution as being lethargic and tardy. Basing cases on public perception and personal preference ends up in chaos, often putting innocent people in danger but always freeing the perpetrators. Here we have a couple who died tragically after their home burned down in a fire, and the son and daughter-in-law were charged Murder. The entire case was based on motive; the son harbored ill will against his father and the entire village turned against his son for not giving him his due inheritance. The accident ended with an investigation where the truth was sacrificed on the altar of revenge and the selective but careless investigation of the investigating officer effectively assisted the entire prosecution,” the judge said.Defense lawyer Smarhar Singh, who appeared for the accused brother, tried to convince the court that his brother and his wife were guilty, as evidenced by the dying couple’s dying declarations. But the judge said the death declaration was unreliable because it was not recorded in accordance with the law.“According to us, the investigation is a sham, premeditated and throwing to the winds every principle of criminal jurisprudence provided for due process. The prosecution is therefore a farce that renders the testimonies of witnesses mundane. The investigation and prosecution are premised on the alleged motive and nothing more,” the judge said. It also expressed distress at the trial proceedings after noting that the trial judge asked only four questions of the defendant.“The death of a couple who was burned to death in the final stages of their lives, whether homicide or accidental death, has eluded civil society and cast a shadow of doubt on their own son and his family, who will forever bear the yoke of dishonor. The son and daughter-in-law were charged with their father’s murder, convicted by the Court of First Instance and later acquitted by the High Court, and now we have confirmed the acquittal. The trauma of arrest, incarceration and trial will forever scar the couple, and even more so their children who were orphaned while their parents were incarcerated. We cannot fail to admonish investigators and courts to strive to do better and strictly follow accepted rules of practice and procedure when lives are taken or taken away and there is the possibility of false accusations being made that put the reputations of the living at risk,” the judge said.
