JOHNSON Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in Sessions Case 197/1998 on the file of the Sessions Court, Thrissur challenging the order of conviction and sentence made by the learned Sessions Judge. This is a case in which the allegation is that the appellant caused the death of his wife. The occurrence is alleged to have taken place on 7th July, 1996 at about 9.30 p.m. in the house in which appellant was residing along with Mary, his wife. The allegation is that appellant poured kerosene on the body of Mary and set her on fire with the intention of causing her death. Mary was taken to hospital and when she was undergoing treatment in the Medical College Hospital, Thrissur she succumbed to her burn injuries on 22nd July, 1996. By doing the above act the appellant is alleged to have committed the offence under S.302 of the Indian Penal Code. There is also allegation against the appellant that he subjected Mary to cruelty while residing together in the house at Pariyaram Panchayat where the occurrence took place and thereby committed the offence punishable under S.498A of the Indian Penal Code. The learned Sessions Judge, after trial, on an appreciation of the evidence adduced in the case, came to the conclusion that the appellant committed the offences under S.302 and 498A of the Indian Penal Code. Trial Court sentenced the appellant under S.302 of the Indian Penal Code to undergo imprisonment for life and under S.498A of the Indian Penal Code to undergo rigorous imprisonment for three years. There is further direction in the Judgment of the Trial Court that the appellant has to pay compensation of Rs. 35,000 each to PW. 3 and Sinkle, the younger daughter of Mary. The further direction in the judgment is that the sentences shall run concurrently.

(2.) On 8th July, 1996 P.W.2, who is the brother of Mary, gave the first information which led to the registering of a crime against the appellant under S.302 and 498A of the Indian Penal Code. PW. 10 was the Circle Inspector of Chalakudy Police Station, who went to the place of occurrence and prepared Ext. P - 9 scene mahazar. Ext. P - 1 first information report was recorded by P.W. 11, the Assistant Sub Inspector of Police on going to the Medical College Hospital, Thrissur where Mary was undergoing treatment.

(3.) From the place of occurrence Mary was taken to hospital in a taxi car brought by P.W. 2, her brother. The case of the prosecution is that at the time when the appellant is alleged to have poured kerosene on Mary and set her ablaze P.W. 3, the daughter of Mary in her first marriage, was present in the house. Immediately after the occurrence C.W. 7, who is the brother inlaw of P.W. 2, came to the house of appellant and on seeing that Mary was lying on the floor on sustaining burn injuries he went to the house of P.W. 2, for giving information regarding that to him. P.W. 1 is the wife of P.W. 2 and P.W. 1 and P.W. 2 went to the house of the appellant. On reaching the house they saw Mary lying on the floor of the house on sustaining burn injuries. Neighbours also came to the house and it is stated that P.W. 1, P.W. 2, C.W. 3, C.W. 4 and the appellant took Mary to hospital. The evidence given by P.W. 1 and P.W. 2 is that Mary was taken to Chalakudy hospital and since the doctor there said that she had to be taken to the Medical College Hospital, Thrissur, she was taken to that hospital. P.W. 4 is the doctor who examined Mary At 1.45 a.m. on 8th July 1996 and prepared Ext. P - 2 would certificate. He also examined the appellant and prepared Ext. P - 4 would certificate. P.W. 4 recorded the dying declaration given by Mary. Ext. P - 3 is the dying declaration alleged to have been given by Mary and recorded by P.W. 4. After the death of Mary on 22nd July, 1996, P.W. 7, the Associate Professor of Forensic Medicine and Deputy Police Surgeon, Medical College Hospital, Thrissur conducted post mortem examination on the dead body. The antemortem injuries found on the dead body are noted in Ext. P - .7 post mortem certificate. The opinion given by the doctor as to the cause of death is that the deceased died of complications of burns. It is also stated by the doctor that the renal and hepatic involvement and septicaemic complications caused the death. According to the doctor, septicaemic complication means infection spreading from the burnt area to the blood. The doctor went on to say that the burns received by the deceased and the septicaemic complications and the renal and hepatic involvements are sufficient in the ordinary course of nature to - cause death. It is clear from the evidence of P.W. 7 that Mary died as a result of burn injuries suffered by her.