PREMKUMAR, S/O. AVARACHAN Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 31.1.2011 in S.C.No.81 of 2010, on the file of the Sessions Court, Ernakulam, by the appellant/accused.

(2.) The prosecution case is that the victim, wife of the accused, one Silvy, met with a sad death in the hands of her husband who poured kerosene over her body and set ablaze and caught hold of her hands so as to prevent her to defuse the fire by pouring water over her body. It happened within a locked house of there own, which is under construction, on 27.2.2009 at 7 p.m. His brothers, hearing the screaming, rushed to the house from their nearby family house and knocked on the door of the house of the victim. But there was no response. Hence they were forced to break open the door and found the victim in the company of accused, her husband, fully burned. The victim came out of the house. She was removed to the St.Thomas Hospital at Malayattoor. From there, she was taken to L.F. Hospital, Angamaly, after applying some ointments over her body. From there, she was referred to the General Hospital, Ernakulam and then to the Medical College Hospital, Kottayam. During treatment in the Medical College Hospital, Kottayam, she succumbed to the injuries at 4.40 p.m. on 3.3.2009.

(3.) The prosecution examined PW1 to PW20, marked Exts.P1 to P21 and identified MO1 to MO3 material objects. On the side of defence, DW1 to DW3 were examined. On hearing both parties and after completion of the trial, the learned Sessions Judge found the accused guilty of the offence punishable under Section 302 of the Indian Penal Code and convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for three months.