STATE OF KERALA Vs. SAVITHRY,W/O.KUTTAPPAN

JUDGEMENT

(1.) A daughter and her mother were prosecuted for the offences punishable under Sections 306 and 498A read with Section 34 of Indian Penal Code for having been responsible for the death of the wife of PW1 who is the son of the 2nd accused and the 1st accused is none other than his sister. As the prosecution story goes, PW1 and the deceased fell in love and they eloped. Later on, on 03.04.1994, their marriage was conducted in a temple.

(2.) IT could be seen from the records that PW1, the husband of the victim, did not have any permanent job. On 07.04.1998, it is alleged that the victim poured kerosene on her body and set herself on fire. She was taken to hospital. On getting intimation from the hospital, the Sub Inspector of Police attached to the Hill Palace Police Station went to the General Hospital at Ernakulam and recorded Ext.P15 First Information Statement given by the victim herself. Based on the First Information Statement, a crime was registered as per Ext.P16 First Information Report. Inquest was conducted and the body was sent for postmortem and Ext.P13 certificate was drawn up. In the meanwhile, the dying declaration of the victim was recorded by the learned Magistrate concerned and the statement of witnesses were taken by the various investigating officers namely, PWs 15 to 17. After completing investigation, final report was laid before court.

(3.) AFTER the close of the prosecution evidence, the accused were questioned under Section 313 Cr.P.C. They denied all the incriminating circumstances brought out in evidence against them and maintained that they were innocent. The 1st accused stated that she earns a living by casual labour and her husband and mother are not doing well and therefore she could not leave her husband's house. The 2nd accused maintained that she is innocent.