SUBRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.531/2009 has preferred this appeal challenging judgment dated 7/6/2014 by which he was convicted and sentenced for offences punishable u/s 302 I.P.C. and S.498A I.P.C. He has to undergo imprisonment for life for the offence u/s 302 I.P.C. and to pay a fine of '1 lakh with default sentence of 1 year. For the offence u/s 498A, he is to undergo rigorous imprisonment for three years and to pay a fine of '10,000/- in default of payment of fine to undergo rigorous imprisonment for a further period of six months.

(2.) The accused/appellant has been chargesheeted on the allegation that on 21/12/2008 at 8.30 p.m, he lit fire on his wife Santha, as a result of which she sustained severe burn injuries and while undergoing treatment, she died on 26/12/2008 at 7.40 p.m.

(3.) To prove the prosecution case, 23 witnesses were examined and reliance has been placed on Exts.P1 to P19. MO1 to MO6 were the material objects produced and identified in the case. According to the prosecution, on the fateful day of incident, there has been a quarrel between husband and wife. He even threatened her that she should go and die so that he could marry another person. The accused went out, consumed alcohol and came back to the house by around 8.00 p.m. They started quarrelling. She immediately poured kerosene on herself. The accused immediately took a lighted lamp and lit fire on her. The fire suddenly caught up and immediately neighbours on hearing her cry came to the scene. She was taken to the hospital. She gave a statement to the police on the basis of which crime was registered u/s 498A and 307 I.P.C. She died after a few days and the police had converted the crime to S.302 I.P.C.