MARIYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.Appeal No.1981/2010 is filed by accused No.2 and Crl.Appeal No.1913/2010 is filed by accused No.3 in Sessions Case No.136/2008 on the file of III Additional Sessions Judge (Adhoc I), Thodupuzha. The first accused Bastin was not available for trial and it would appear that his case was not committed. However, in the judgment of the sessions court, it is stated that the case against the first accused was split up as he was absconding. It is not necessary to consider the legality or otherwise of the same, while disposing of these criminal appeals.

(2.) The prosecution case is the following : Selvi, the deceased, was married by Bastin ( first accused), the son of accused No.2 Muniyamma and accused No.3 Mariyappan. In the marital relationship between Selvi and Bastin, a girl child Manjula was born. Deceased Selvi is the daughter of PW1 ( Thankaraj) in his first wife Muthulakshmi. Muthulakshmi abandoned Thankaraj and eloped with another man. Deceased Selvi was taken by Muthulakshmi. Later Muthulakshmi married the brother of Muniyamma ( second accused). Selvi started residing in the house of Bastin and his parents at New Colony, Munnar. Even thereafter Muthulakshmi went with another man and the deceased Selvi thereafter was looked after by the second accused, Muniyamma and the third accused, Mariyappan. While so, Selvi was married to the first accused Bastin.

(3.) The prosecution alleged that the accused meted out cruelty to Selvi. On 9.9.2007 after 10 a.m. accused 1 and 2 poured Kerosene on the body of Selvi and accused No.1 lighted a match box and set ablaze her. Deceased Selvi sustained burn injuries to the extent of 35%. She was not taken to the hospital by the accused. Selvi was kept in the house of the accused. PW1, Thankaraj got information that his daughter got burn injuries. He rushed to the house of the accused. PW1 wanted to take Selvi to the hospital. Accused Nos. 2 and 3 resisted. Though it was the second accused, who according to PW1, informed him that Selvi sustained burn injuries, accused Nos. 2 and 3 did not allow Thankaraj ( PW1) to take Selvi to the hospital. Thankaraj ( PW1), the father of Selvi appraoched CPM leadership at the local level, who informed the Police. The Police came to the scene and helped PW1, Thankaraj and his nephew, Ramkumar to take Selvi to the hospital. Selvi was taken to Primary Health Centre, Suryanelli. Selvi was not admitted there and she was directed to be taken to Taluk Hospital. Since it was late, Selvi was taken to the house of Thankaraj and on the next day Selvi was admitted at Community Health Centre, Nedunkandam. Though Selvi's father was advised to take Selvi to Medical College Hospital, he could not do so in view of his impecunious circumstances. Selvi was discharged from the hospital on 22.09.2007 and she was brought to the house of Thankaraj. However, Selvi died on 6.10.2007 on account of the burn injuries sustained by her.