CHINNAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant herein was convicted by the Court of Session, Pathanamthitta, Kerala for an offence punishable under Section 302, I. P. C. and was sentenced to undergo imprisonment for life for having committed the murder of her sister-in-law by name Suma Varghese. Her appeal to the High Court of Kerala at Ernakulam having failed she is before us in this appeal. The facts necessary to be noted for the disposal of this appeal are as follows :

(2.) Deceased Suma Varghese was the wife of Jose Mathew PW-1 and was residing with her husband and father-in-law PW-2 in Nellickal house. PW-2 father in law of the deceased had purchased a property which the appellant who was his daughter and sister-in-law of the deceased, wanted him to hypothecate to secure a housing loan for her. It is alleged PW-2 agreed to do so but the deceased objected to the same. It is because of this reason the appellant, according to the prosecution, had entertained an ill-will against the deceased. Prosecution alleges that on 8-7-1989 at about 8.45 a.m. when the deceased was dressed and ready to go to her mother's house, the appellant came to her house and struck her on the back of head with a piece of fire-wood because of which the deceased fell down. Thereafter it is alleged the appellant poured kerosene oil on her chest and set her on fire which caused serious burn injuries. On hearing the alarm raised by the children of the deceased, PW-2 and others came running and extinguished the fire. Noticing the severe burn injuries suffered by the deceased, she was removed to the Government hospital at Kanjirappally where the Medical Officer on duty after giving first aid and noticing the nature of injuries on her body, referred her to the Medical College Hospital at Kottayam. The prosecution alleges that while she was in the Medical College Hospital, two dying declarations of hers were recorded; one by Head Constable Karunakaran Nair, PW-14 on 10-7-1989 at about 10.45 p.m. and the other by Judicial First Class Magistrate, PW-8 on 14-7-1989. As per the said dying declarations, the deceased implicated the appellant as the person who poured kerosene on her and lit the fire causing her burn injuries. A complaint in this regard was lodged on 10-7-1989 by PW-6 father of the deceased, based on which the investigation was initiated by the jurisdictional Police and on completion of the same a charge-sheet as against the appellant was filed for an offence punishable under Section 302, I. P. C. Deceased Suma died on 28-7-1989. As stated above, after trial the appellant was found guilty of the offence charged by the trial Court which finding was confirmed by the High Court.

(3.) Mr. V. B. Saharya, learned amicus curiae appearing for the appellant, contended that the Courts below have erred in placing reliance on the two dying declarations made by the deceased which when examined in the light of other evidence led by the prosecution, would clearly go to show that the deceased had implicated the appellant falsely and her own evidence as corroborated by the other evidence led in this case indicates that the deceased had suffered accidental burns and she had falsely implicated the appellant as the assailant.