Three years after Neeraj Grover (26), the creative head of a production house, was killed and his body cut into pieces for disposal, Kannada starlet Maria Susairaj and former Navy officer Emile Jerome Mathew were let off on the charge of murder.
Mathew was found guilty of culpable homicide not amounting to murder (with intention to cause death) under Sections 304 (part I) and 201 (causing disappearance of evidence) of the Indian Penal Code. Susairaj was convicted only on charges of destruction of evidence. The court held Susairaj guilty of trying to destroy evidence as she had gone alone to the market to buy curtains and a knife, and to borrow a car from a friend to dispose of the body. “She could have run away but chose to wipe out evidence,” said the judge.
The quantum of sentence will be pronounced Friday. The maximum sentence under IPC Section 201, under which Susairaj has been convicted, is three years. Susairaj has already moved a bail application which will be heard after the sentencing. The maximum sentence under IPC Sec. 304 (1), under which Mathew has been convicted, is 10 years.
Judge M.W. Chandwani observed that the prosecution had failed to prove the much harsher charge under IPC Sec. 302. “The prosecution has failed to prove that the accused No. 2 (Mathew) had intended to commit murder,” said the judge. “Though accused No. 2 came from Kochi to Mumbai, he had no
intention of killing Grover, according to the evidence put before the court. In fact, the accused did not even know Grover before the incident,” said the judge. “Though the accused No. 2 stabbed Grover with a knife, it happened because of sudden provocation and there was no intention to kill him,” said the judge.
The judge also observed that anyone in the place of Mathew would have reacted in the same manner after learning that his fiancée had been ill-treated by another man. “When he entered the room, he was calm. This showed he did not intend to kill him. Obviously finding his partner with a stranger would upset a prudent man and he lost control,” the judge said.
It was the prosecution’s case that Mathew had gone to Susairaj’s residence in Malad on May 7, 2008 where he got into a fight with Grover during which Mathew stabbed Grover to death. Susairaj and Mathew later cut Grover’s body into pieces and disposed of it in Manor. Both the accused had been charged with murder, criminal conspiracy, common intent and destruction of evidence. The court also observed that the prosecution had failed to prove charges of criminal conspiracy.
Mathew told the court that he was not aware where Grover worked and whether he had promised Susairaj a role in television. The naval officer also told the court that he had come to Mumbai from Kochi on May 7 as Susairaj was depressed.