PALRAJ ALIAS APPUKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant challenges the conviction and the sentence imposed on him by the Additional Sessions Judge (Fast Track Court I), Thiruvananthapuram in SC No.97/99.

(2.) The prosecution case in brief is as follows: The first accused is the husband of Valsala, the deceased. Their marriage was solemnised as per the customary rites on 14.11.1996. PW1, the mother of the deceased had given her an amount of Rs.75,000/- as dowry, but it was deposited in the bank in the name of the first accused and the deceased on 03.03.1997. There was persistent demand from the part of the first accused and also the second accused, who is the father of the first accused, for withdrawing the said amount from the bank. The deceased was not agreeing for the same. Further, A1 and A2 were harbouring doubts regarding the chastity of the deceased Valsala. They suspected that she was having illicit relationship with PW12 and also with other young men of the locality. On that ground also, A1 and A2 were harassing her. In order to withdraw the amount deposited in the bank, the accused decided to do away with Valsala. A1, using a betel pestle, hit her on the middle of the chest at about 2 pm on 25.05.1997. She was again hit, using the very same pestle on the right forehead. Because of the said two injuries, she fell unconscious. A1 closed the door of the room from inside and poured kerosene on her. Thereafter, using a ladder, he climbed to the roof of the house, lighted a match and threw it on the body of Valsala, who was lying unconscious. After that, he escaped through the gap between the eastern wall and the roof of the house. Valsala suffered burn injuries and died. Thereby, the first accused committed the offences punishable under Sections 498A and 302 IPC. A2, the father, A3, the brother-in-law and A4, the mother of the first accused, also participated in the crime. Immediately after the death of Valsala, PW1, her mother Palamma came to the scene of occurrence. She lodged the information regarding the death of her daughter, with Pozhiyoor Police on the morning of 26.05.1997. The Assistant Sub Inspector of Police, PW29 registered Crime No.73/97 for the offence punishable under S.304B IPC. A1 and A2 were shown as the accused. The initial investigation was conducted by PW31 and the Deputy Superintendent of Police, PW32 completed the investigation and laid the charge before the Magistrate's Court for the offences punishable under Ss.498A and 302 IPC. During the investigation, reports were filed, arraying A3 and A4 also as the accused.

(3.) The learned Magistrate committed the case to be tried by the Sessions Court. The accused pleaded not guilty to the charges framed by the learned Sessions Judge. PWs1 to 32 were examined from the side of the prosecution and Exts.P1 to P27 were marked. Material Objects 1 to 6 were produced. The accused were questioned by the trial court on the circumstances, which appeared against them in the evidence, under S.313 Cr.PC. A1 pleaded alibi. To prove that defence, he examined DWs1 and 2, who deposed that he was away at Chengannur on the date of occurrence. The court considered the evidence on record and found the appellant/first accused guilty of the offence under S.302 IPC. The trial court held that all the circumstances proved by the prosecution point to the guilt of the accused and there was no circumstance, inconsistent with his guilt. So, relying on the circumstantial evidence, it was found that the appellant was guilty and he was sentenced to undergo rigorous imprisonment for life for the offence under S.302 IPC and three years' rigorous imprisonment for the offence under S.498A IPC. He was also sentenced to pay a fine of Rs.1 lakh for the offence under S.302 and to undergo rigorous imprisonment for four years, in default. He was further sentenced to pay a fine of Rs.5,000/- for the offence under S.498A IPC and in default, to undergo six months' rigorous imprisonment.