BACKGROUND

1. After being in a cordial relationship for a year, Ms. Shanaya, a nurse in a nearby clinic
and Mr. Anshu an agriculturist got married at the age of 18 on 1st Jan’19. The
marriage became contentious and consummated after two months. Shanaya didn’t
prefer living in a joint family but this was not supported by her in-laws and Anshu.
There were some altercations between two regarding same and was also witnessed by
their neighbors in few instances. Unhappy with the sour situations, Shanaya moved
back to her parental house on 1st April’19 and lived there for 2 weeks. In return to her
retaliations, Anshu tried convincing her by putting forth their financial constraints, the
importance of living with his parents and providing support needed at their age. Basis
repeated requests and Shanaya’s parents’ intervention, she returned next day. The
situation remained cordial for a week.
DISPUTE AND THE SUIT
2. On 1st May’19, Anshu left the city at 3:00 PM to buy chemicals and fertilizer stock
for his work which ideally took him 3 hours. On the same day Shanaya decided to
prepare dhoklas. She cooked them at 3:15 PM, prepared them at 4 pm and served
them in three plates for in-laws with 19 yr old house-help Pradip. Immediately after
serving she left for clinic claiming an urgent matter.
3. The couple returned at 6 PM. Shanaya asked Pradip to serve dhoklas to Anshu. Right
after taking a bite, he spat and gurgled it out and enquired about the pungent smell
from it. Shanaya asserted the use of kerosene to light the hearth, hence the smell.
Anshu didn’t eat the Dhoklas.
4. In the night, the father complained about uneasiness & chest pain, was rushed to the
hospital by Anshu. Mother had similar vexatious complaints later. Sister was found
unconscious. Shanaya immediately called up her colleagues for help which was
procured in an hour and reached the hospital by 11:15. The in-laws died on the same
night. The doctors opiniated poisoning as the deceases’ cause.
5. F.I.R. was filed jointly by the couple. During interrogations Shanaya pointed Pradip
as a suspect, she claimed that he wasn’t reachable and was nowhere to be seen since 4
PM of the incident date. She also claimed Pradip had possible reasons for poisoning
her in-laws since he had feelings for the sister-in-law and the same was not acceptable
to the parents. Sister-in-law had also publicly humiliated him a week before. Pradip
has been working with the family since 10 yrs.
6. The investigation started at 6:00 am. Snack remnants, unwashed dishes along with
sample of chemicals and fertilizers kept in the store room were sent to forensic labs
for testing. Pradip was found dead in an open-field at 6:30 am with poisoning as his
cause for death. The officer enquired heated arguments among the couple as
witnessed by neighbours’ and noted the disagreement of the living situation by
Shanaya, her presence in the house from 3pm to 4 pm and no state of urgency in her
clinic on the addressed date.
7. On 3rd May’19, Shanaya was arrested and tried by the session court. On the basis of
the evidence brought on record, she was held guilty of murder of her in-laws and
house-help. She was charged with death penalty and concurrent imprisonment u/§
307, IPC. The session court’s order was upheld by HC on appealing. She appeals
before SC.
8. Shanaya’s both appeals and a petition by NGO named Humans against Death Penalty
challenging Capital Punishment, highlighting the principle of rarest of rare doctrine
are clubbed together as criminal appeal and will be taken up in June ’20.