BIRAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant herein is facing the charge of murder.

(2.) Jeethu, aged 29 years, was the wife of the applicant. They had married in the year 201 Their relationship became strained and Jeethu found it difficult to live with him. About a month prior to the occurrence, she left the company of the applicant and starting residing with her parents. She then moved the Family Court, Irinjalakkuda, with a petition seeking a decree of divorce.

(3.) It so happened that Jeethu was invited to attend a Kudumbasree meeting held in the home of one Thilakan . The applicant also lived in the same neighbourhood. Jeethu dragged her father along for protection and they went together in an autorickshaw. After the meeting, while the lady was returning back home, the applicant rushed towards her with a bottle of petrol and poured the inflammable liquid on to her body. She made an attempt to escape. However, the applicant caught up with the tired woman and then allegedly did the most heinous act. He poured petrol over her body and set her ablaze. The victim suffered serious burn injuries. The ghastly act was witnessed by her own father and several others. The injured was initially taken to the Chalakkudi Government Hospital from where she was referred to the Medical College. Her dying declaration was recorded by the learned Magistrate after ascertaining her competence to furnish such a declaration. Her life could not be saved and she was pronounced dead at 235 hrs on 30.4.2018. Based on the information furnished by the father of the deceased, Crime No.287 of 2018 was registered against the applicant at the Pudukkad Police Station under Section 302 of the IPC.