PARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No. 17/98 on the file of the Sessions Court, Kozhikode is the appellant. He has been charged with offences punishable under S.498 A and 302 of the Indian Penal Code for having committed murder of his wife Pushpa. He has been found guilty under those counts and convicted. On the first count, he has been sentenced to undergo rigorous imprisonment for one year and on the second count, he has been sentenced to undergo imprisonment for life. Therefore this appeal.

(2.) The prosecution case was that, on 15-03-1996 at about 5.30 p.m.. the appellant / accused poured kerosene on his own wife Pushpa and set fire on her throwing a lighted match stick. The injured was taken to the Medical College Hospital, Calicut. While on treatment, she succumbed to the injuries on 22-03-1996 at about 4.15 p.m. It was also alleged that the appellant had been in the habit of causing mental and physical cruelty even prior to the occurrence towards his own wife, deceased Pushpa. It was on its basis that the appellant / accused has been charged as aforesaid.

(3.) The evidence consists of the oral testimony of PWs. 1 to 21, documents Exts. P1 to P24 and M.Os. 1 to 4, viz., a packet of burnt cloths, kerosene bottle, match box and burnt match stick respectively.