SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No.894/2010 of the Additional District and Sessions Court-V, Thiruvananthapuram has filed this appeal challenging judgment dated 4/2/2014 by which he was convicted and sentenced to undergo life imprisonment for the offence under Section 302 of the Indian Penal Code.

(2.) As per the prosecution case, the accused and his wife Sarala (deceased) were residing in a thatched shed constructed in the property of Nalini, sister of the accused. On 8/10/2008, at about 8.00 p.m, the deceased questioned the accused for consuming alcohol in the house. He slapped the deceased on her face, kicked her on the abdomen and she was pushed down the floor. Thereafter, he poured kerosene over her body and she was set on fire using a kerosene lamp. She suffered burn injuries. She was taken to Medical College, Hospital, where she died on 14/10/2008. The First Information Statement was given by the brother of the deceased on the basis of which Ext.P12 First Information Report was registered. In the meantime, the accused was arrested and produced before the Judicial First Class Magistrate Court-I, Nedumangad on 15/10/2008. Chargesheet was filed on 4/6/2010 and the case was committed to the Sessions Court on 16/6/2010, which was made over to the Additional Sessions Court for trial. The case was again withdrawn and made over to Additional Sessions Court-IV for trial. A counsel was appointed to defend the case on behalf of the accused. Charge was framed against the accused for the offence punishable under Section 302. He pleaded that he was not guilty. Prosecution examined 15 witnesses as PWs 1 to 15 and marked Exts.P1 to P19 documents. The material objects identified were MO's 1 to 8. After the prosecution case was closed, accused was questioned under section 313 Cr.P.C. He denied the incriminating evidence against him and filed a statement stating that the deceased had committed suicide.

(3.) The Additional Sessions Court after considering the evidence placed reliance upon the oral testimony of PWs 1 to 3, who were eye witnesses to the incident and held that the accused was responsible for the crime. It was further found that the deceased had given dying declaration stating that the accused had poured kerosene on her body and had set fire. The declaration is recorded in the FI statement on 9/10/2008 at the Medical College Hospital. She also had given the said declaration to the Doctor who had treated her on 9/10/2008 at 3.54 a.m. The Doctor who conducted post mortem had given evidence stating that the accused had died on account of the burn injuries which she had suffered on account of the said fire. The Judicial First Class Magistrate-I had also recorded the dying declaration wherein also she had stated that the accused was responsible for the crime. Though it was contended by the accused in the statement filed by him that the deceased had committed suicide and there was a reason for the same, the Sessions Court did not believe the said version. Having observed that the evidence of PWs 1 to 3 sufficiently proved the nature of offence and coupled with the dying declaration given on three occasion's, one at the time of giving the First Information Statement, secondly to the Doctor who treated her and thirdly to the Magistrate, the guilt of the accused stands proved. In the said circumstances, the Sessions Court found that the accused had committed the offence under Section 300(3) of the Indian Penal Code and is liable to be convicted under section 302 I.P.C. and imposed the punishment aforesaid.