MOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who was found guilty of uxoricide and cruelty to his wife was convicted and sentenced for life imprisonment and to pay a fine of Rs.2000/-, in default of payment of which to undergo rigorous imprisonment for one year under Section 302 Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/-, in default of payment of which, he had to suffer simple imprisonment for a further period of three months for the offence punishable under Section 498A IPC.

(2.) The prosecution story runs thus: The deceased got married to the appellant on 21.1.2001. It is claimed that at the time of marriage she was given 25 sovereigns of gold and Rs.50,000/- in cash. The couple took up residence in the matrimonial house. The allegation is that a few days after the marriage, the accused began to harass and torture the victim demanding more money and gold ornaments. It is also stated that the accused was in the habit of taking liquor. The prosecution allegation is that after reaching home in a drunken condition the accused also used to assault his wife. On 16.12.2001 at about 8 p.m. as usual the accused came home drunk and demanded the gold ear studs of his wife for raising money. She flatly refused to hand over the same. That infuriated her husband, the appellant herein, who according to the prosecution case, poured kerosene over her from the kerosene lamp burning in the room and thereafter set her on fire. The victim suffered severe burns. She was taken to a local physician, who advised her to be taken to the nearby hospital for better management. She was removed to the Jubilee Mission Hospital. While undergoing treatment, she breathed her last on 21.12.2001. In the meanwhile, on 20.12.2001 P.W.12 attached to Vadanappally Police Station, on getting information that Ayshabi, the victim was undergoing treatment at the Jubilee Mission Hospital as a result of the burn suffered by her, reached the hospital and recorded Ext.P12 first information statement said to have been given by the victim herself. On the basis of that P.W.9, the Sub Inspector of Police registered Crime No.393 of 2001 for the offences punishable under Sections 498A and Section 307 IPC as per Ext.P5 FIR. Since the victim died in the early hours of 21.12.2001 the investigation was taken over by P.W.10. As the death was an unnatural one, inquest was conducted by P.W.7, the R.D.O. of Chavakkad and Ext.P3 is the report. The investigating officer on 21.12.2001 itself visited the place of occurrence and prepared Ext.P6 scene mahazar. He recovered M.Os. 1 to 4 found at the place of occurrence. He thereafter filed Ext.P7 report seeking to have Section 307 deleted and Section 302 incorporated. He also found that the date of incident was wrongly recorded as 10.12.2001. He filed Ext.P8 report to correct the date as 16.12.2001. He had the materials recovered by him sent for chemical examination and Ext.P9 is the report. He recorded the statements of witnesses. He had the accused arrested on 21.12.2001 and produced him before court on that day itself. He obtained the necessary documents, completed the investigation and laid charge before court.

(3.) JFCM, Chavakkad, before whom final report was laid, took cognizance of the offence. On appearance of the accused before the said court, all legal formalities were complied with. Finding that the offences are exclusively triable by a Court of Sessions, the learned Magistrate committed the case under Section 209 Cr.P.C. to Sessions Court, Thrissur. The said court made over the case to IIIrd Additional Sessions Court (Ad hoc) Fast Track-I, Thrissur for trial and disposal.