BABU @ CHAKKAN BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is by the accused against the conviction and sentence passed by the Additional Sessions Court-VI, Thiruvananthapuram in Sessions Case No.574/2015. The crime is one of uxoricide. The accused and his wife were living together, when pursuant to a quarrel the accused poured petrol over his wife and torched her to death.

(2.) The learned Counsel for the appellant Sri.Faridin A.S argued that there is delay in registration of FIR and the case set up is one falsely foisted by the police and the witnesses deposed on their coercion. The police had released him after initial questioning and later arrested him with ulterior motives. It is pointed out by everybody that the deceased was set at fire using kerosene, but the scientific evidence is that the burnt remains had traces of petrol and not kerosene. There is also said to be clear evidence that PW-3 accompanied the deceased, which is denied by her to implicate the accused. It is pointed out that actually, as stated in the 313 statement the deceased had accidentally torched herself when attempting to put to fire the waste in the house. No quarrel ensued nor was there any overt act by the accused. The learned Public Prosecutor Sri.K.B.Udayakumar argued to sustain the conviction and sentence.

(3.) The FIS was by PW-3, the sister of the accused itself. PW-3 deposed in consonance with the FIS. PW-3 and the accused are the only children of their parents. There is one residential building in which both herself and her brother were staying in a small plot of 3/4th of a cent. On one side are two rooms and kitchen where PW-3, her husband and her parents were staying. The adjacent room and veranda were occupied by the accused and his wife. They were both engaged in menial jobs. On 30.10.2013 by around 2.00 p.m., she heard her sister-in-law screaming for help and on stepping outside, saw the deceased engulfed in flames, standing outside the house. The accused was standing on the veranda looking at his burning wife. PW-3 called aloud for help and ran out and called Anil, a member of the Panchayat who was examined as PW-9. PW-9 called an ambulance and the deceased was taken to the hospital. PW-3 heard about the death of her sister-in-law when the police took her statement on the next day. She affirmed her FIS, which was marked as Exhibit P4. PW-3 also spoke of her sister-in-law being away for a few days from the house which was not to the liking of the accused, who questioned her. She categorically spoke of there being none others in the house inhabited by the accused and his wife. She also deposed that she saw no attempt on the part of the accused to save his wife.