CHINNAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Court of Sessions, Pathnathitta for the offence punishable under Section 302, IPC and was sentenced to undergo imprisonment for life. Appellant challenges the conviction and sentence.

(2.) Deceased Suma Varghese was the wife of appellant's brother Jose Mathew, Suma Varghese and her husband Jose Mathew were residing with their parents and two children in Nellickal house within the jurisdiction of Vechoochira Police Station. On the date of the incident i.e. on 8-7-89, Jose Mathew and his parents were doing agricultural work in their property. Then they heard an outcry from the house. P.W. 1 Jose Mathew and his father Ulahannan Mathai (P.W. 2) ran to the house and found Suma Varghese lying on the courtyard with extensive burn injuries. According to P. Ws. 1 and 2, Suma Varghese was not in a position to talk anything. Suma Varghese was taken to Kanjirappally Govt. Hospital from where she was referred to Medical College Hospital, Kottayam. Suma Varghese died at 11.30 p.m. on 2-7-89 while undergoing treatment.

(3.) When Suma Varghese was in the hospital, Ext. P 15 statement was recorded from her. The statement is to the effect that on the date of the incident she had intended to go to her parent's house though her husband had objected to the same. When the changed her dress and got ready, appellant Chinnamma came there and asked whether she had been going. Suma Varghese did not give any reply. Chinnamma then gave a blow on the back side of her head and thereafter poured kerosene on her chest and she felt burning sensation. She ran out of the house and fell on the courtyard and later she was admitted in the hospital.