- (1.) This appeal, as of right, has been preferred by the appellant from jail on a charge that he murdered his wife. He was tried by a Sessions Court. After trial he was acquitted by the Sessions Judge. But on appeal preferred by the State a division Bench of the High Court reversed the order of acquittal and convicted him under section 302 of Indian Penal Code and sentenced him to imprisonment for life.
(2.) The lady who died in the episode was kempawwa. Appellant and Kempawwa became husband and wife almost 15 years prior to the date of occurrence. They were issueless. The incident happened in the early hours of 28-5-1990, inside the house of the appellant. The prosecution case is that appellant had beaten the deceased with a hammer on the head and thereafter kerosene was doused on her and she was set ablaze. Appellant also attempted to commit suicide by pouring kerosene on himself and catching the fire. When the commotion was overheard by the neighbouring residents they all rushed to the scene and banged on the door of the room where the couple lived. When those persons compelled the insider to open the door it was the appellant who opened the door, he by them was in a semi-burnt condition. The neighbours noted that deceased had already died.
(3.) Public Witness-4 Dr. Prema Vijai who conducted the post-mortem examination on the deceased noted the following injuries on her: "1.Lacerated wound over the temporal region of scalp on left side. 2" x " bone deep. Haematoma (swelling) extending a round left ear. Left side of forehead and also behind left ear. 2. Lacerated wound over left side of occipital bone deep 2" x ". 3. Small lacerations over left ear lobule. " x 1/4". 4. Small lacerated wound 2" behind injury No. 1 skin deep. 5. Small laceration wound over left cheak over left lower jaw. 6. Small punctured wound over the lateral aspect of right eyebrow. 7. Over the dorsum of right forearm superficial skin bums are present. Skin peeled off in some places. Small area of superficial burns over right side of waist 4" x 3" skin peeled off. 8. Small lacerated wound over the dorsum of left middle finger on proximal phaly n x " x 1/4" fracture of proximal phalynx present. 9. Abrasion over left fore-arm about 2. " on dissection, she noticed sub-dural haematoma over the left hemisphere of the brain with lacerations of the brain on the left side. She also noticed bums on the dead body. However, Public Witness-4 doctor opined that death was caused by injury No. 1 associated with the Sub-dural haematoma.;