MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was found guilty for the offence under Section 302 of the Indian Penal Code in S.C. No. 176 of 2008 on the file of the Court of the II Additional Sessions Judge, Kollam and he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/-. The appellant is aggrieved by the conviction and sentence.

(2.) The appellant married the deceased (Sindhu) on 6.9.2004. A child was born in that wedlock. The prosecution case is that they were residing in a thatched shed situated in the property belonging to Sindhu, which was given to her as dowry. Frequent quarrels arose between the accused and Sindhu. It was alleged that the accused was a drunkard and he used to ill-treat Sindhu and the child regularly. Sindhu had occasion to complain to the police and other authorities. Finally, she made Ext. P1 petition dated 26.1.2007 to the Sub Inspector of Police, Chathannoor (PW16), in which, Sindhu alleged about the brutal torture made by the accused. It was also alleged that the accused had misappropriated the gold and properties given to the deceased as dowry. In Ext. P1 it was also alleged that the accused threatened to kill Sindhu and her child. The evidence of PW16 would disclose that at the intervention of police, Sindhu agreed to live with her husband, the accused, and he undertook not to torture Sindhu and the child.

(3.) In the present case, the allegation of the prosecution is that on 12.5.2007 at 10.45 pm., the accused poured kerosene on the body of Sindhu and set fire on her with an intention to kill her. It was also alleged that after the incident the accused ran away from the place of incident. Sindhu was taken to the District Hospital, Kollam and thereafter to the Medical College Hospital, Thiruvananthapuram. Sindhu died on 18.5.2007 while undergoing treatment in the Medical College Hospital, Thiruvananthapuram.