K.T. SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused who has been found guilty for offence under Section 302 of I.P.C and sentenced to undergo life imprisonment and to pay fine of Rs. 2,01,000 and in default to undergo rigorous imprisonment for two years.

(2.) The prosecution case is that the accused with an intention to commit murder of his wife, Lissy poured kerosene on her at 2 a.m on 03.04.2007 and lit fire, in the bed room of their house where the accused was residing along with his deceased wife and 12 year old daughter. Hearing the cry of the deceased and her daughter, neighbours came to the scene, the victim was taken to the Hospital at Mananthavady and from there to Medical College Hospital, Kozhikode for expert treatment. PW-3, mother of the deceased, lodged a complaint Ext. P-2 and a crime under Section 498A of I.P.C was registered on 03.04.2007 at 6.50 p.m. The victim succumbed to the injuries at about 7.35 p.m on 05.04.2007.

(3.) The Sub Inspector of Police had conducted an inspection of the scene of occurrence on 04.04.2007 and prepared the scene mahazer. Photographs were taken and material objects MO's 1 to 7 were collected from the scene of crime. The accused was arrested at 6.30 pm on 04.04.2007 from the Medical College Hospital. The offence under Section 307 of the I.P.C was incorporated in the case on 04.04.2007. The Circle Inspector of Police took over investigation, examined witnesses and recorded their statements. Inquest was held on 06.04.2007 at 10 a.m in the mortuary of Medical College hospital and thereafter post-mortem was conducted. Ext. P-6 is the post-mortem certificate. Cause of death was due to the burns involved in 70% of the total body surface area. Since the investigation revealed commission of offence under Section 302 I.P.C, report was filed to delete Sections 498A, 307 I.P.C and to incorporate Section 302 IPC. MO's 1 to 7 were sent for chemical examination. Thereafter, final report was submitted before the learned Magistrate who committed the case to the Sessions Court, Calicut and the Principal Sessions Court had made over the case for trial to the Additional Sessions Judge Adhoc-II Calicut. The accused denied the allegation of commission of offence. Before the trial court, prosecution examined 12 witnesses PW's 1 to 12, relied upon Exts. P1 to P15 and MO's 1 to 7. Accused was questioned under Section 313 of Cr. P.C. He denied the incriminating evidence against him. He stated that he, along with PW-1, his daughter was sleeping in the veranda of the house. At about 2 a.m., he heard the cry of the deceased. They rushed inside the room and saw the deceased in flames. He put out the flame by covering the deceased with a cotton blanket, and in the process he and his daughter PW-1 sustained injuries. The Court below convicted the accused for offence punishable under Section 302 IPC.