CHENIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. by the sole accused in S.C.No. 58/2015 on the file of the Court of Session, Kasaragod has been filed challenging the conviction entered and sentence passed against the accused for the offence punishable under Sec. 302 IPC.

(2.) The prosecution case as stated in the charge sheet is as follows ' the deceased Karthiyayani on being married to the accused was living along with him for the past sixteen years in the house bearing No. V/75 (VI/473), Eleri Panchayat. While so, the accused used to constantly harass Karthiyayani mentally and physically. On 14/04/2014 pursuant to a quarrel, Karthiyayani did not cook food and went and lied down in the kitchen on a mat. Angered by the conduct of Karthiyayani, the accused with the intention of killing her at 20:45 hrs, doused Karthiyayani with kerosene and set her ablaze. Due to the severity of the burns sustained, Karthiyayani succumbed to the injuries on 18/04/2014 at 12.45 p.m. Hence the accused is alleged to have committed the offences punishable under Ss. 498A and 302 IPC.

(3.) On the final report being submitted, the jurisdictional magistrate after complying with the statutory formalities, committed the case against the accused to the Sessions Court, which court took the case on file as S.C.No.58/2015. On appearance of the accused before the Court of Session, he was furnished with the copies of all the prosecution records. On 09/04/2015, the learned Additional District and Sessions Judge-I, Kasaragod framed a charge for the offence punishable under Sec. 302 IPC alone against the accused, which was read over and explained to the accused to which he pleaded not guilty.