PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the 1st accused against the judgment dated 10/12/2012 in S.C. No. 281/2003 passed by the learned Principal Sessions Judge, Ernakulam by which the appellant is found guilty under Section 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and hence convicted and sentenced to undergo rigorous imprisonment for life and also held liable to pay an amount of Rs. 10,000/(Rupees Ten thousand only) and in default to undergo imprisonment for six months.

(2.) The case has the following history as far as trial is concerned: Husband and mother-in-law of the deceased were charge-sheeted for offences under Sections 498-A, 302 read with Section 34 of the IPC for causing death of Jessy who is the wife of the 1st accused and daughter-in-law of the 2nd accused. The accused were tried by the learned Additional Sessions Judge (Ad hoc - II) and both of them were acquitted vide judgment dated 18th February 2005. Subsequent to the trial, second accused expired.

(3.) State challenged the acquittal before this Court in Crl.Appeal No. 1488/2007 and a Division Bench of this Court as per judgment dated 29/03/2012, allowed the criminal appeal in part and set aside the judgment of acquittal in so far as it related to the 1st accused. It was remanded to the trial Court with a direction to dispose of the matter afresh by continuing the proceedings from the stage of examination under section 313 of the Cr.P.C., 1973 After trial, the Principal Sessions Judge, Ernakulam passed the above judgment, which is under challenge now.