POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in SC No.486/2008 of the Additional Sessions Court/Special Court for NDPS Act Cases, Thodupuzha, who stands convicted for the offences under Sections 498A and 326 IPC. The court below has sentenced him to undergo rigorous imprisonment for two years and to pay a fine of .3,000/ -, in default to undergo rigorous imprisonment for two more months under Section 498A IPC, and to undergo rigorous imprisonment for five years and to pay a fine of .20,000/ -, in default to undergo rigorous imprisonment for six more months under Section 326 IPC.

(2.) Initially, the final report was filed in the matter by alleging offences punishable under Sections 498A and 511 of 306 IPC. The court below has framed charges for the offences under Sections 498A and 116 of 306 IPC. Subsequently, the court below has altered the charge under Section 116 of 306 IPC to 326 IPC.

(3.) The additional 2nd respondent was given in marriage to the appellant on 05.05.1997. Two daughters were born in the wedlock. It is alleged that the appellant had treated the additional 2nd respondent with cruelty, tortured her, and harassed her mentally as well as physically. Consequently, she had no other go than to make an attempt to commit suicide. On 16.04.2008 at 8.30 p.m., the additional 2nd respondent allegedly poured kerosene on her dress and ignited it whereby she sustained 40% burns on her neck, chest, abdomen, hands and legs. She was hospitalised. She was under treatment as inpatient till 03.05.2008.