JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was the accused in S.C.No.573 of 2006 of the Sessions Court, Thrissur. The Additional Sessions Judge (Fast Track Court No.II-Adhoc), Thrissur convicted him of the offences punishable under Ss. 498A and 306 of the Indian Penal Code, 1860 (IPC). He was sentenced to undergo simple imprisonment for a period of three years and to pay a fine of Rs.2,000.00 for offence under Sec. 498A of the IPC and for a period of five years and to pay a fine of Rs.10,000.00 for the offence under Sec. 306 of the IPC. The said judgment of conviction and the order of sentence are under challenge in this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code).

(2.) The case of the prosecution was as follows: The appellant married Smt.Jaya on 31/12/2000. They have two children. The appellant used to mentally and physically harass Smt.Jaya. On 1/5/2003 the appellant caught hold of and slapped Smt.Jaya in public at Peringottukara Centre. One week before the marriage of her brother, Smt.Jaya went to her parental home in connection with purchase of gold ornaments. While the appellant was taking her back to his home, he slapped her at that house in the presence of others. On a day in May 2004, the appellant pushed Smt.Jaya down from the scooter. On 9/2/2006 at about 4.30 p.m., direction of the appellant to bring to him a drilling machine was not heeded in time and therefore he had assaulted Smt.Jaya saying, why could not she die herself. Smt.Jaya, unbearable with such mental and physical harassment, at about 7.30 p.m. on that day, after pouring kerosene set ablaze her body inside their house. She succumbed to the injuries at 6.50 a.m. on 13/2/2006.

(3.) The appellant was tried on a charge for the offence under Ss. 498A and 306 of the IPC. PWs.1 to 17 were examined and Exts.P1 to P20 were marked. MOs.1 to 3 were identified. The appellant denied the evidence against him and stated during examination under Sec. 313(1)(b) of the Code that he never harassed or assaulted his wife; whereas she had a suicidal tendency, which he had conveyed to her parents several occasions. On the fateful day, he did not do the alleged acts and it was he who tried to rescue Smt.Jaya. He also sustained burn injuries. Thus, he maintained that he was innocent. No defence evidence was let in.