SASI KUMAR @ SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted in S.C.No.769 of 2003 on the file of the Additional District and Sessions Judge (Fast Track Court - I), Thiruvananthapuram, for the offence under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default, to undergo simple imprisonment for a period of one year. The appellant challenges the conviction and sentence.

(2.) Rajani, (the deceased) was the wife of the appellant/ accused. The marriage of the appellant and the deceased took place about twelve years before the incident. Two children were born in that wedlock. The prosecution case is that the accused suspected the fidelity of his wife Rajani and he used to torture her. On 24.5.2002, during night, the accused manhandled and tortured Rajani. On the next day, at about 1.15 PM, while the deceased was lying down in the house, the accused poured kerosene on her body and set ablaze her. She sustained 95% burn injuries. Rajani was taken to the Medical College Hospital, Thiruvananthapuram by her relatives (PW1, PW3 and PW5). Rajani succumbed to the burn injuries by about 3.15 AM on 26.5.2002. On getting information about the admission of Rajani in the hospital, the Sub Inspector of Police, Vithura (PW14) went to the hospital. PW9, the Assistant Professor, Surgery, who was on duty informed PW14 that the condition of Rajani was serious. PW14 recorded Ext.P1 dying declaration of Rajani at 2.30 AM on 26.5.2002 in the presence of PW9, PW1 (Ratheesh - brother of Rajani) and PW3 (Krishnamma - the maternal aunt of Rajani). On the basis of Ext.P1, PW14 registered Ext.P9 First Information Report against the appellant/ accused under Section 307 of the Indian Penal Code. At about 3.15 AM on 26.5.2002, Rajani died at the hospital.

(3.) On 27.5.2002, the accused was arrested. He had sustained burn injury on his right hand. Therefore, he was produced before the Community Health Centre, Vithura and he was treated there.