SUKUMARAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This application is filed under B'438 of the Code of Criminal Procedure.

(2.) The applicants herein are son and mother respectively. They have been arrayed as the accused Nos.1 and 2 in Crime No.427 of 2018 of Mannarghat Police Station, registered under B'498A of the IPC . The de facto complainant is the former wife of the 1st applicant.

(3.) From the information furnished by the de facto complainant, on the basis of which the instant Crime is registered, it appears that the applicants herein are near relatives of the de facto complainant. They felt attracted to each other and decided to marry. On 7.2.2008, the marriage was solemnised and they started living as husband and wife. According to the victim, the spouses lived a happy life for about six years. The relationship then became strained. The applicants started physically and mentally harassing her and left with no alternative, they decided to go separate ways. A petition seeking divorce by mutual consent was filed before the Family Court, Thrissur. By order dated 8.1.2016, the petition was allowed and the marriage was dissolved. According to the victim, on 25.2.2017, the 1st applicant again approached her and insisted that they mend their broken relationship and live together. Consequently, she again started living with the applicants. The 1st applicant assured her that their marriage would be registered. After about two weeks, the applicants are alleged to have demanded a sum of Rs.3 lakhs, being the litigation expenses incurred by them. The amount as demanded was handed over based on the assurance that property which stood in the name of the 1 st applicant would be assigned to her. According to the victim, the applicants started subjecting her to cruelty and harassment. On 24.3.2018, while the 1st applicant was sitting outside, the victim poured kerosene over her body and set herself ablaze. According to the victim, the applicants did not make an attempt to save her. She was rushed to the hospital, where she disclosed that it was a case of accident. According to the victim, such a statement was made at the instance of the applicants. She sustained extensive burns and had to be treated at the Jubilee Mission Hospital. According to the victim, she had set herself ablaze due to the incessant cruelty and harassment of the applicants.