Soumya murder case: Six-judge bench to hear Kerala curative petition

New Delhi: A six-judge Bench of the Supreme Court will hear on April 27 the curative petition filed by Kerala seeking reconsideration of the judgment in which death sentence imposed on accused Govindachamy was modified into life sentence as he was acquitted of murder charges. A Bench of Chief Justice J.S. Khehar and Justices Dipak Misra, J. Chelameswar, Ranjan Gogoi, Prafulla C. Pant and Uday Lalit will hear the petition in the chambers of the CJI. If the Bench finds merit in the petition seeking restoration of death penalty on the accused, it is likely to be listed for open-court hearing as sought by the Kerala government. It must be noted that in this case former apex court judge Markandey Katju had argued for  death sentence to the accused, but it was rejected by the court which also slapped a contempt on him. This was later withdrawn after Justice Katju expressed apology.  

Normally curative petition which is the last remedy available to a litigant is filed after dismissal of the review petition. It is heard by four or five judges which will include those who had rendered the judgment. Since in this case the review was rejected by a three-judge bench, the curative is listed before a six-judge bench. In its curative petition, the state said the assaults of the accused on Soumya inside and outside the train should be treated as one sequential crime and not as separate crimes as is being treated by the SC, which held that the murder charge is not proved.

It pointed out that though there were no direct evidences to conclude that Govindachamy killed Soumya by pushing her off the train, there is ample evidence to suggest that the death of Sowumya was caused because of the assaults of the accused inside the trian. While entertaining an appeal filed by death-row convict Govindachamy challenging the Keala High Court judgment confirming the order of the Thrissur Fast Track Court awarding him death sentence for the February 6, 2011 incident, the apex court awarded life sentence. The prosecution case was that Gonvidachamy had pushed Soumya out of the compartment of the Ernakulam train after trying to rob her. He then raped the seriously injured woman, who died on Februay 6, 2011.

The government, in its petition, has pleaded not to give a benefit of doubt to Govindachamy since all other evidences are against him. It said it was established beyond doubt that the deceased was beaten black and blue and she suffered from severe injuries as a result of at least four blows on her head which were lethal in nature. It is obvious that the intention of the accused was clear either to kill the deceased in the moving train and/or to molest her. Even if the deceased jumped out from the train, it was occasioned by the accused since otherwise she would lose her life or honour. It said there was enough material evidence to warrant imposition of death penalty under IPC Section 302 (murder). The apex court had erroneously set aside the murder charge, it said and pleaded for restoration of the death sentence on Govindachamy.