SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No. 73/99 on the file of the Additional Sessions Judge, Fast Track Court-I, Palakkad, is the appellant herein. He was charged for the offence punishable under Section 302 of the Indian Penal Code for having committed the murder of one Sathyabhama by pouring acid on her. He was found guilty, convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default of which, to undergo simple imprisonment for two months.

(2.) The prosecution case is as follows : The appellant/accused Sukumaran (hereinafter referred to as "the accused") and the deceased Sathyabhama (hereinafter referred to as "the deceased"), wife of PW.8 Vasu, had a long standing enmity between them as disclosed by various letters produced before the Court below. As a result of that enmity, the accused, at about 7.30 a.m. on 9-7-1998, while Sathyabhama was returning after drawing water from a nearby tap, poured acid on her body. Sathyabhama ran towards the house of a neighbour, wherefrom she had been taken to the nearby hospital. Later she was referred to the Medical College Hospital, Thrissur, where she succumbed to the injuries on 15-8-1998, after about 37 days of the incident.

(3.) Initially, a crime was registered against the accused under Section 307,1.P.C. by the Kasaba Police Station, Palakkad. Later, on the death of Sathyabhama, Ext.P20 report was filed by the police before the Court to alter the charge to one under Section 302, I.P.C.