VENU Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant's challenge in this appeal is against the conviction and sentence clamped on him by the Sessions Court, Kollam, alleging that he is guilty of uxoricide. The accusations, borne out from the charge framed by the trial court, are that the appellant on 28.12.2001 at about 8.00 p.m. poured kerosene, from top to bottom, on the body of his wife Sindhu at their house and set her on fire. Later, she succumbed to the burn injuries. It is therefore alleged that the appellant intentionally committed murder of his wife and therefore liable to be punished under Section 302 of the Indian Penal Code, 1860 ("IPC", in short).

(2.) The defence case, revealed from the records, especially the written statement submitted by the appellant at the time of examination under Section 313 of the Code of Criminal Procedure, 1973 ("Cr.P.C.", in short) as well as the appeal memorandum, is that the victim had a tendency to commit suicide and she had attempted to do so before and the appellant is not responsible for her death.

(3.) The court below examined 14 witnesses on the prosecution side and one defence witness. Exts.P1 to P11 were marked by the prosecution and Ext.D1 by the defence. Material objects are MOs.1 to 4. Based on the evidence, the court below found that the appellant is guilty of murder and hence imposed imprisonment for life on him.