RAVEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is the first accused in S.C. No. 881/2006 on the file of the Additional Sessions Court-VI, Kollam, challenges the conviction and sentence passed against him by judgment dated 19.12.2014 for the offences punishable under Sections 302, 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (for short 'the IPC'). There were altogether three accused in the above case. The learned Sessions Judge, on trial, found that the second and third accused were not guilty and the first accused was guilty of the charges levelled against him. The court below convicted and sentenced the first accused to undergo imprisonment for life and to pay a fine of Rs. 25,000/-, in default of payment of fine, to undergo rigorous imprisonment for one year for the offence punishable under Section 302 of IPC. The fine amount of Rs. 25,000/- was ordered to be equally given to PW 1 and his sister Omana under Section 357(1)(b) of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.'). Further, the court below sentenced the first accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/-, in default of payment of fine, to undergo rigorous imprisonment for three months more for the offence punishable under Section 498A of IPC. No separate sentence was awarded under Section 304B of IPC. The above substantive sentences were ordered to run concurrently. Assailing the conviction and sentence, the first accused is before this Court.

(2.) The facts, shorn of unnecessary details, as unfolded by the prosecution are stated hereunder:- The appellant/first accused married the sister of PW 1 on 8.9.2002 in accordance with the custom prevailing among the community. At the time of marriage, 25 sovereigns of gold ornaments and Rs. 50,000/- were given to her as patrimony and was also promised an assignment of 3 cents of property within one year. However, after three days of marriage, the appellant ill-treated the victim for getting the three cents of property and dropped her at PW 1's residence. Hence, PW 1 was constrained to execute Ext. P1 sale deed, assigning an area of 3 cents of property on the southern side of the entire property in the name of the victim on 20.3.2003. Originally, the said property belonged to their mother and after her death, the share of both the sisters were assigned to PW 1 through a release deed. Thereupon, by Ext. P1 sale deed, PW 1 assigned 3 cents to the victim. The appellant/first accused demanded sale of the above 3 cents of property as well as the share of his wife from the 20 cents of property owned by his wife's mother. Second and third accused are the sisters of the first accused. In furtherance of their common intention, the accused Nos. 1 to 3 harassed the victim several times for shortage of dowry. The harassment continued till 27.7.2003. The appellant forced his wife - the victim to go back and stay at her parental house. On 25.7.2003, all the accused conspired together to do away with the victim and the appellant requested the victim by phone to come back to his house. Believing the request of the appellant as genuine, the victim boarded a bus at 2.30 p.m. and reached her matrimonial home after some time on 25.7.2003. In the morning of 27.7.2003, the appellant threatened the victim with dire consequences and asked her to take a decision regarding the property he had demanded earlier, failing which he threatened that the victim would not be permitted to stay back at the matrimonial home. Confronted with the above situation, the victim decided to go back home. When she was dressing to go back home at 7 a.m. on 27.7.2003, the appellant closed the bedroom door of his house and intentionally and knowingly poured kerosene on her body from the lantern and set fire on her inside the bedroom of the house namely, Thundil Puthen Veedu, bearing No. 9/70, Kunduman, Velichikala Cheril, Pallimon Village. While so, she ran out of the room and then the second and the third accused poured water and tried to extinguish the fire. The second and the third accused were present at the scene of occurrence. Consequently, the victim suffered severe burns and succumbed to the same at 19 hours on 8.8.2003.

(3.) Ext. P2 First Information Statement was given by the victim. On 27.7.2003, PW 13, the Sub Inspector of Police, Chathannur received information from the District Hospital, Kollam that the victim was admitted after sustaining burns. Then PW 13 proceeded to the hospital and recorded Ext. P2 First Information Statement of the victim. Thereupon, he registered Crime No. 264/2003 against the first accused for the offence punishable under Section 498A IPC. Thereafter, on 28.7.2003, he went to the scene of occurrence and prepared Ext. P10 Scene Mahazar as identified by the second accused Devaki. While preparing Ext. P10 mahazar, PW 13 recovered MO 1 saree, MO2 blouse pieces, MO3 underskirt, MO4 brassiere, MO5 matchbox and MO6, portion of a lantern from the occurrence place. Pursuant thereto, PW 13 filed an application before the jurisdictional Magistrate Court for recording dying declaration of the victim. Consequent to the request, PW 9 the learned Judicial First Class Magistrate, Paravur recorded Ext. P6 dying declaration of the victim. While so, PW 13 submitted Ext. P12 report before the court to proceed with the investigation incorporating Section 307 read with 34 of IPC. PW 13 identified the accused 1 to 3 and filed Ext. P13 report before the court. The first accused was arrested on 1.8.2003 at 12 noon by Ext. P14 arrest memo. PW 13 produced the first accused before the court by Ext. P15 remand application. The learned Magistrate remanded the first accused to judicial custody pending investigation. On 8.8.2003, the victim passed away. On 9.8.2003, PW 13 filed a report before the learned Magistrate incorporating Section 304B IPC as well in lieu of Section 307 IPC by Ext. P16. On 11.8.2003, PW 14 took over investigation in this case. It was disclosed during the investigation that the second and the third accused were also involved in the crime and hence he submitted a report incorporating them in the array of accused. PW 14 questioned the witnesses and filed the charge sheet against accused Nos. 1 to 3 for the offences punishable under Sections 498A and 304B read with 34 of IPC before the Judicial First Class Magistrate Court, Paravur. The learned Magistrate took cognizance of the offences under Sections 304B and 498A read with 34 of IPC and registered the case as CP No. 61 of 2004. After completing the usual formalities, the learned Magistrate committed the case to the court of Sessions, Kollam. The learned Sessions Judge took cognizance of the offences under Sections 498A, 304B read with 34 of IPC and made over the case to the Additional Sessions Court-VI, Kollam for trial and disposal.