UMMACHUKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the 2nd accused in Sessions Case No.326 of 2006 of the Additional Sessions Court (Adhoc -III) Palakkad, who stands convicted under Section 307 IPC and sentenced to undergo simple imprisonment for five years and to pay a fine of 10,000/ -, in default to undergo . simple imprisonment for six more months.

(2.) The prosecution case reveals the ordeal, to which a poor house wife had to undergo, at her own house, wherein she had to maintain her mother -in -law. There was no other person to look after and take care of her mother -in -law, who is the appellant. The husband of PW -2 was working in Gulf. He had directed PW -2 to look after and maintain his mother. Consequently, she was maintaining the appellant. The sister of the husband and the younger brother of the appellant also used to torture and harass PW -2. Finally on 05.06.2003, at 10.30 a.m., while she was at the kitchen of the house, the appellant allegedly came behind her and poured kerosene on her body from a kerosene lamp. Thereafter, the appellant allegedly ignited PW -2 with a match -stick. She caught fire on her body as well as cloths. By screaming, she ran outside by removing and throwing away the cloak, which she was wearing and also her other apparels. She sustained severe burns on her body.

(3.) None of the relatives came to her rescue or to take her to the hospital. On getting information of of the incident, the Headmaster of the near by L.P.School rushed to the spot and took her to the hospital. Initially she was taken to a hospital named Moulana Hospital, where Exhibit -P7 wound certificate was prepared. From there, on the same day, she was referred for better management to the Medical College Hospital, Kozhikode, where she had to undergo treatment as inpatient till 30.08.2003. Thereafter also, prolonged treatment was required, by way of plastic surgery through skin grafting, physiotherapy etc.