DEEPESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No. 37 of 2011 is the appellant. By judgment dated 9.1.2013, the accused had been convicted for the offence under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- and in default, rigorous imprisonment for one year more.

(2.) The short facts that has arisen in the matter are as under: On 3.03.2010, the accused being suspicious of his wife's (Usha) chastity, poured kerosene on her and blazed in her house. She suffered 95% burn injuries and while undergoing treatment at Medical College Hospital, Kozhikode she succumbed to the injuries.

(3.) Crime 48/2010 was registered by Kenichira Police. The investigation was conducted by the Circle Inspector of Police, Pulpally who filed final report before the Judicial Magistrate of First Class-II, Sulthan Bathery. The case was later committed to the Sessions Court, Kalpetta. Before the trial Court PW1 to 17 were examined by the prosecution and Exts.P1 to P14 were marked. MO1 to MO8 were the material objects produced and identified. After complying with the procedural formalities and after hearing, the court below convicted and sentenced the accused as stated above. Learned counsel for appellant contended that there was no evidence worth mentioning to convict the accused. The court below apparently relied upon the dying declaration of the deceased which was self contradictory and should not have been accepted for the purpose of convicting the accused. Learned counsel also placed reliance on the judgments of the Apex Court in Arun Bhanudas Pawar v. State of Maharashtra (2008 (11) SCC 232), Waikhom Yaima Singh v. State of Manipur (2011 (13) SCC 125) and the judgment of the Bombay High Court in Narendra Ramdas Meshram and Others v. State of Maharashtra (2017 KHC 2191).