STATE OF KERALA Vs. JOY

JUDGEMENT

(1.) State of Kerala preferred this appeal challenging the verdict passed by the 6th Additional Sessions Judge, Thiruvananthapuram in S.C. No. 2244 of 2006 by which both accused were acquitted of all the charges levelled against them.

(2.) Prosecution case as seen in the impugned judgment is that the first accused and the deceased were husband and wife and they were residing at Bindu Vilasom Veedu, Parayil Colony, Valiyavila, Thirumala, Thiruvananthapuram. Two children were born in their wedlock. At the time of marriage, the parents of the deceased Bindu had given Rs.50,000/- (Rupees Fifty Thousand only) towards her share. In return, the 2 nd accused and others executed a document in the joint name of the 1st accused and the deceased in respect of 2 1/2 cents of landed property and a part of their family house. Bindu applied before authorities for the construction of a residential building in the said land under a Government scheme. In response to the said application, the authorities had taken steps. While so, the accused came to know that a new residential building could be constructed only after the demolition of part of the building which had been given in the joint name of A1 and the deceased. So, they opposed the plan for constructing new building in the said property. On 05/11/2003, the officials came to the property to measure out the same in consequence of the application submitted by the deceased. So, the accused picked up quarrel with the deceased and ill-treated her physically and mentally. Out of mental agony, the deceased, on 08/11/2003, at about 09.00 a.m., while she was in the kitchen, attempted to commit suicide and doused kerosene on her body and set fire and thereby sustained burn injuries. She succumbed to the said injuries on 21/11/2003. The allegation was that the accused had ill-treated the deceased physically and mentally in furtherance of their common intention, which prompted her to commit suicide.

(3.) FIR was lodged by PW1 on 21/11/2003 at about 10.45 p.m. to PW7 the S.I. of Police, Poojappura Police Station and Crime No. 220/03 was registered under Section 174 of the Code of Criminal Procedure, 1973 (for brevity ' Cr.P.C .'). Police filed final report charging accused for offences under Sections 498A and 306 read with S.34 of the Indian Penal Code , 1860 (for short ' IPC '). Trial Court originally framed charge against the accused for offence under the above Sections. Subsequently, on an application CMP No.326 of 2013 filed by the Additional Public Prosecutor, the trial Court framed an additional charge against the 1st accused alleging offence under Section 302 also.