BHAVANI Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THIS is an unfortunate incident in which a 13 year old girl died due to burn injuries sustained by her and her grand mother aged around 60 years, who was living with her and had groomed her up, stands convicted.

(2.) THE prosecution case was that the accused was living in her house in a colony with the accused. On 3/3/2013 at about 3 p.m. the neighbours heard loud scream and cry of a girl and saw smoke coming from the house of the accused. They rushed to the spot, and forcefully opened the house and found the girl on flames, rolling on the floor. Water was poured on her body, fire was extinguished and she was taken outside. Ghee was applied on her body and was rushed to the nearby hospital. Since she had suffered substantial burn injuries, she was thereafter referred to the Medical College Hospital, Kottayam. Later she was shifted to Specialist Hospital, Ernakulam for expert treatment. In the meanwhile, on 6/4/2013 her dying declaration was recorded. On 12/4/2013, she died due to the complications arising out of the burn injuries. On 3/3/2013 itself, PW1, who is a neighbour and a public spirited person, had laid Ext. P1 FIS. Ext. P12 FIR was registered for offence punishable under Section 307 IPC. After the death of the girl, charge was altered to Section 302 IPC. The accused was arrested and produced before the court on 4/3/2013. After committal, she was produced before the Sessions Court who denied charges and faced the trial in S.C. No. 570/2013. She was aided by a counsel on state brief. On the side of the prosecution, PWs1 to PW13 were examined and Exts. P1 to P20 were marked. MOs 1 to 8 were identified. The learned Sessions Judge, on an evaluation of the available materials, held that the facts disclosed did not make out the offence punishable under Section 302 IPC. However, found the accused guilty under Section 304 Part II IPC, convicted and sentenced to undergo RI for four years.

(3.) IT is an admitted fact that the accused was the paternal grand mother of the deceased. The accused had one son by name Selvan, who had got married and the deceased was born in that matrimonial relationship. Immediately after her birth, the mother eloped and thereafter the father re -married and shifted to Tamil Nadu. Hence, the child, even from her infancy period, was taken care and brought up by the grand mother. It is also on record that except for a brief period, during which period the child was at Tamil Nadu, during the remaining entire length of her life she was under the care and protection of the accused and living in the house in a colony. It is further admitted that she was doing the sundry scrap business and rearing the child.