APPUKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed under Section 374 (2) Cr. P. C through the Superintendent, Central Prison, Kannur challenging the judgment of conviction and sentence passed by the Sessions Court, Thalassery.

(2.) The appellant herein was the sole accused in Crime No. 101 of 2008 of Peringome Police Station for the offences punishable under Sections 498A and 302 IPC. The allegation of the prosecution was that the appellant used to torture his wife Chithra @ Bindu, physically and mentally, suspecting her chastity. On 26. 03. 2008, at 1 p. m. , the appellant, with an intention to commit murder of his wife, poured kerosene, set fire on her clothes and she has sustained serious burn injuries. While undergoing treatment at Pariyaram Medical College, she died on 30. 03. 2008 at 8. 45 p. m. , and thereby the appellant is alleged to have committed the aforesaid offences.

(3.) During the course of trial, the prosecution has examined PWs 1 to 23 and marked Exts. P1 to P21 and MOs 1 to 7. On the side of defence, no evidence was adduced and it is denied to have committed such offences. The case was registered originally under Sections 498A and 307 IPC on the basis of the FI statement lodged by the deceased herself. After the death of victim, Section 307 IPC was deleted and Section 302 IPC was incorporated.