ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant Anil Kumar has been convicted under Ss. 302 and 498A of the Indian Pena Code ["IPC", for short] by both the courts below and has been sentenced to life imprisonment and to pay fine of Rs.50,000.00, and in default to undergo simple imprisonment for one year under Sec. 302 IPC and rigorous imprisonment of one year under Sec. 498A IPC with direction that both the sentences would run concurrently.

(2.) The incident is of 26/9/2010 and had taken place at 9:00 am in the morning at the house of the appellant. The allegation is that the appellant, with the intention to kill his wife, lighted a matchstick and threw it upon her when she had already poured kerosene upon herself due to the quarrel with the appellant.

(3.) The FIR No.621/2010 dtd. 26/9/2010 was initially registered under Sec. 307 IPC wherein it has been stated that the deceased wife, due to unbearable mental and physical harassment caused to her by the appellant, poured kerosene upon herself to deter the appellant from causing further torture to her and that the appellant with the clear intention to kill her took advantage of the situation and lighted the matchstick and threw it on her body uttering "You Die". Thus, the deceased wife was inflicted with burn injuries at their residence by the appellant with clear intention of killing her. Subsequently, when the deceased wife died in the hospital, the case was converted into that under Ss. 302 and 498A of IPC.