SUJITH K. M Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused was found guilty of the offence of uxoricide. He was therefore convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- with a default clause to undergo imprisonment for three years if the fine is not paid.

(2.) The marriage between the deceased and the accused took place on 08/02/2002. The accused and the deceased were relatives and they had fallen in love. PW 6, the mother of the accused was closely related to the deceased. But she did not attend the marriage. Even though the couple took up independent residence soon after marriage, later they shifted to the house of the accused. At the relevant time they were residing along with the parents of the accused. The accused is the third son of PWs 6 and 7. PW 6, his mother would say that the accused often comes home drunk. On 21/05/2002 the accused returned home late in the night. The room on the eastern side of the house was occupied by the accused and the deceased. PW 7, the father of the accused opened the door for him on the eventful day when he came late. The accused went to his room. According to the prosecution, a short while thereafter PW 6, the mother of the accused heard groans and grunts of the deceased from her room. She went near the room. It is the prosecution allegation that PW 6 had seen the accused dropping MO 2 can of kerosene and also a lighted match stick. PW 6 cried aloud and then found that the accused was not in the room. Her cries woke up the other inmates of the house and they rushed to the place. They found Ambily, the deceased engulfed in fire. PW 6 tried to douse the fire. The victim was removed to the hospital. Initially PW 3 attended to the victim in Care Well Hospital, Ramanattukara, and on seeing the condition of the patient, referred the victim to the Medical College Hospital for better management. She was given first aid by PW 3. The victim was taken to Koya's Hospital and PW 17, the doctor attached to the said hospital attended to the patient. Ext. P22 certificate is issued by him. She was admitted in the ICU of the hospital. The next day, the Doctor advised that she be taken to the Medical College Hospital. On 21/05/2002 by about noon the victim was admitted in the Medical College Hospital. PW 5, the doctor attached to the Medical College Hospital, attended to her and he had issued Ext. P5 certificate, which is the treatment certificate relating to Ambily. On getting information about the incident, PW 13, the Police Constable attached to Thenjipalam Police Station went to the Medical College Hospital. He found that Ambily was not in a fit condition to give any statement. So he recorded Ext. P6, First Information Statement, furnished by PW 6. PW 13 returned to the police station. Based on Ext. P6 first information statement, PW 16, Sub Inspector of Police registered First Information Report, Ext. P17, for the offences punishable under S.498A and S.307 Indian Penal Code. He prepared Ext. P16 scene mahazar. He recorded the arrest of the accused. Based on Ext. P15(a) confession statement said to have been given by the accused MOs 1 and 2 were recovered as per Ext. P15. Meanwhile, PW 1 had recorded Ext. P1 declaration given by the deceased from the Hospital. PW 2, the Doctor attached to the Hospital had certified that the victim was fit enough to give statement and Ext. P2 is the certificate issued by him. On 08/06/2002, Ambily, the victim, succumbed to her burn injuries. Investigation was taken over by PW 18. He had PW 16 conduct inquest over the body of the deceased and prepare Ext. P20 report. Ext. P21 report was filed before Court incorporating charge under S.302 Indian Penal Code. In the meanwhile, autopsy was conducted by PW 4 and Ext. P4 report was furnished by him. PW 18 obtained site plan, recorded statements of other witnesses and completed the investigation. He laid charge before Court.

(3.) JFCM, Parappanangadi took cognizance of the offences. On appearance of the accused before the said Court, all legal formalities were complied with. The learned Magistrate found that the offences are exclusively triable by a Court of Sessions and accordingly committed the case to Sessions Court, Manjeri under S.209 of Code of Criminal Procedure. The said Court made over the case to Additional Sessions Court, Fast Track No. I (Ad - hoc), Manjeri for trial and disposal.