EBY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a case of uxoricide.

(2.) The appellant Eby@Philip Ninan was prosecuted and tried before the Sessions Court, Kalpetta, Wayanad (for short, 'the trial court') for the offence punishable under Sec. 302 of IPC on the allegation that he killed his 24-year-old wife Elsy (for short 'the victim') by setting her on fire.

(3.) The incident took place on 24/7/1997 at 8.00 p.m. at the house bearing No.TP-VIII/1008 of Thrissillery Grama Panchayat situated at Thrissillery, where the appellant and his wife, along with their two babies aged two years and six months, were residing. The prosecution case was that the appellant with the intention of killing the victim poured kerosene on her head and set her ablaze. The victim, who suffered serious burns all over her body, was rushed to District Hospital, Mananthavady and later transferred to Government Medical College Hospital, Kozhikode. The appellant, who also suffered burns, was admitted at the Medical College Hospital, Kozhikode, till 21/8/1997. The victim succumbed to the injuries while undergoing treatment at Government Medical College Hospital, Kozhikode, on 29/7/1997. The motive behind the crime was alleged to be the refusal by the victim to accede to the request of the appellant to sell the property and house where they were residing.