SAROJINI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant (hereinafter referred to as the accused ) is the accused in S.C.No.81/2001 on the file of the second Additional Sessions Judge, Kozhikode. She was charge sheeted for offences punishable under Sections 302 and 498 A of the Indian Penal Code (for short the code ). Learned Sessions Judge convicted the appellant for both the offences and sentenced her to life imprisonment and to pay a fine of Rs.50,000/- under Sec.302 alone. No separate sentence was awarded for the offence stated to be proved under Sec.498 A of the Code. Aggrieved by the conviction and sentence, the appellant has preferred this appeal.

(2.) The Prosecution case is as follows: At about 7.45 P.M. on 6-2-1998, the accused, the mother in law of the deceased had thrown a lighted kerosene lamp against the deceased Gowri, her daughter in law. She sustained burn injuries. She was taken to the hospital. While under treatment, she died in the Medical College Hospital, Kozhikode on 17.2.1998. It was based on this incident, the accused mother in law was charge sheeted for the offences mentioned above.

(3.) The evidence in this case consists of the oral testimony of PWs. 1 to 20, Exts.1 to 20, Exts.P1 to P30 documents and M.Os. 1 to 7 on the side of the prosecution and the oral testimony of DW.1 on the defence side.