DAISY ROOPAJANOM Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the 1st accused in S.C.No.19/2000 on the file of the Additional Sessions Judge, Fast Track Court-I, Thiruvananthapuram. The appellant along with her father were charge sheeted for the offences punishable under Sections 120B, 302 and 201 read with 34 of the Indian Penal Code. The charge against A2 abated as he died before the trial of the case started. The learned Sessions Judge after trial found appellant guilty of the offences punishable under Sections 302 and 201 of IPC and convicted. She was sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo Rigorous Imprisonment for three months for the offence under Section 302 of I.P.C. and to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo Rigorous Imprisonment for one month for the offence under Section 201 of I.P.C. The substantive sentences were directed to run concurrently. She was found not guilty of the offence charged under Section 120 B of I.P.C. and acquitted of that offence.

(2.) Deceased Sreedharan @ Sasidharan and appellant were living together as husband and wife in the house belonging to the appellant. Deceased was suffering from epilepsy. It was alleged that appellant entered into a conspiracy with A2, her father and committed murder of Sasidharan by pouring kerosine and setting fire to his body while he was lying unconscious due to epilepsy. They placed his body in an old cow dung pit near to the residence of the appellant, set fire to same and concealed the deadbody so as to cause disappearance of the evidence of commission of the crime. PW1 gave Ext.P1 F.I statement before PW13, Sub Inspector of Police stating that Sasidharan was missing. PW13 recorded Ext.P1 statement and registered Ext.P1(a) F.I.R. as Crime No.411/1997 under the caption 'man missing' and conducted investigation. He submitted Ext.P12 report and proceeded with the investigation under Section 174 of the Code of Criminal Procedure. Subsequent investigation was taken over by PW15, Circle Inspector of Police. Investigation revealed that it was a case of murder. A report was filed arraying appellant and her father as the accused. PW15 completed investigation and filed final report. Learned Magistrate committed this case to the Court of Sessions. Before the trial of the case started A2 died and the charges framed against him abated.

(3.) Appellant appeared before the learned Sessions Judge. Learned Sessions Judge framed charges under Sections 302 and 201 of I.P.C. after hearing both sides. Charges were read over and explained to the appellant. She understood the same and pleaded not guilty. PW1 to PW15 were examined; Ext.P1 to P15 proved and marked; MOs.1 to 5 identified. After prosecution evidence was over appellant was questioned under Section 313 of the Cr.P.C. She denied all incriminating circumstances brought against her. The matter was heard. Since no grounds were made out to acquit appellant, she was called upon to enter on her defence. No defence evidence was adduced. Learned Sessions Judge found appellant guilty for the offences charged, convicted and sentenced her as aforesaid. This criminal appeal is filed challenging the conviction and sentence imposed on the appellant.