SHAJITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No. 810 of 2017 on the file of the Additional District and Sessions Judge, Ernakulam filed this appeal under Sec. 374(2) of Cr.P.C., challenging the conviction and the sentence passed against her for the offences punishable under Ss. 302 326A and 498A of IPC as per the impugned judgment dtd. 30/8/2019.

(2.) The prosecution case is that the accused is the sister of the husband of the deceased Nissamol. The husband of the deceased was suffering from cancer and for availing treatment from RCC, Thiruvananthapuram, the deceased and her husband reached the family house of the husband of the deceased in Nellikuzhi Grama Panchayat on 30/9/2016 and at that time, the accused was also residing there. Because of previous enmity and suspicion that the deceased and her husband came to the family house to continue their residence there and with the intention to commit murder, the accused poured formic acid from a plastic bucket through the head of the deceased at about 6.15 a.m. on 1/10/2016 while the deceased was sitting in the front verandah of the family house and the deceased sustained severe burn injuries on her head and various parts of the body and she succumbed to her injuries on 5/12/2016 while undergoing treatment in Jubilee Mission Medical College Hospital, Thrissur and the accused is thereby, alleged to have committed the offences as aforesaid.

(3.) On the basis of Exhibit P1, First Information Statement of PW2 recorded by PW14, ASI of Kothamangalam Police Station, Exhibit P16 FIR was registered by PW16, Sub Inspector of Kothamangalam Police Station, on 3/10/2016. Thereafter, PW17, Circle Inspector of Kothamangalam Police Station, conducted the investigation and filed the final report before the Judicial First Class Magistrate-I Kothamangalam and after committal, when the accused was produced before the trial court, originally charge was framed for the offences under Ss. 498A, 326A and 304 of IPC and during the course of trial, the charge under Sec. 304 IPC was altered to Sec. 302 IPC on 17/7/2019.