The Kerala High Court declined to intervene with Jolly Joseph's Trial Court proceedings over the murder of Roy Thomas, her first husband. Jolly had submitted a revision petition contesting the Sessions Court's decision to reject her discharge petition.
It was noted that there were sufficient materials to create strong doubt regarding the involvement of the Petitioner in the murder of her husband.
Brief Facts:
Jolly Joseph, the main suspect in the infamous Koodathayi killings, was suspected of using cyanide to kill six members of her family over 17 years. She has been accused of murdering her family members, including her first husband Roy Thomas, to seize control of the family's assets.
Roy Thomas passed away in 2011 but the matter wasn't made public until 2019 due to suspicions raised by a family member that Jolly may have been involved in the murder. The Prosecution argued that the Defendant poisoned her husband's meal and water, which he drank and then died as a result. Jolly allegedly destroyed the evidence by promptly washing the poison-containing utensils. She was also accused of forging her father-in-law's will to inherit the family's assets.
The report submitted after the investigation alleged the offences of abetment, criminal conspiracy, forgery, murder, and tampering of evidence.
She had submitted a discharge petition, but the Sessions Court had denied it after determining that there was enough evidence to support charges. Hence, the present revision petition.
Contentions of the Petitioner:
It was contended that there was no evidence to support her accusation. In addition, there was no evidence to link her to her husband's death. Moreover, it was claimed that the Sessions Court had denied the discharge petition without taking into account the particular objections put out by the Accused.
Contentions of the Respondent:
It was argued that a thorough investigation had been done and persuasive evidence had been presented that shows her guilt.
Observations of the Court:
It was observed that prima facie the death of the husband is due to poisoning.
It was opined that the extra-judicial confession creates a strong suspicion regarding the involvement of the Petitioner in the crime. Further, the authenticity of the statements and the requirement of corroborating evidence would be seen after the trial.
It was noted that there were sufficient materials to create strong doubt regarding the involvement of the Petitioner in the murder of her husband.
The decision of the Court:
Based on the aforementioned reasons, the High Court declined to alter the order of the Sessions Court.
Case Title: Jollyamma Joseph @ Jolly V State of Kerala.
Coram: Justice Bechu Kurian Thomas
Case No: CRL. Rev. Pet No. 925 of 2022
Counsel For Petitioner: Sri. Biju Antony Aloor Sri.K.P.Prasanth Sri.Vishnu Dileep Smt.T.S.Krishnendu Smt.Archana Suresh Sri.Hijas T.T.
Counsel For Respondent: Sri.Grashious Kuriakose, Addl.Director General Of Prosecution Sri.C.K.Suresh, Public Prosecutor
Read Order @LatestLaws.com
Picture Source :
