B.S.CHAUHAN, DIPAK MISRA
JOSE – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
Dipak Misra, J.:-The present appeal depicts a gruesome and repulsive picture that paints the appellant justifiably as the cruel protagonist who, invaded by passion of an uncultivated mind, insatiated by sexual desire and a further sense of suspicion that leads one into the realm of the worst, committed an act of unthinkable depravity. The ghastly act here is the murder of wife. In fact, the accused-appellant, as the prosecution story would reveal, was not only driven by the fierce frenzy of passion but also his rational thinking had been totally darkened. In the ultimate eventuate, consumed by the fire and ire of anger, he burnt his wife to death. He might have thought that he would bring an end to the anarchy in his house but his uncontrolled act ushered in anarchy of the darkest hour in his own life. The result is the conviction under Sections 302 and 307 of the Indian Penal Code (for short “IPC”) and sentence for life and rigorous imprisonment for three years on both the counts by the learned trial Judge in S.C. No. 169 of 2004 which has received the stamp of approval by the High Court of Kerala in respect of conviction under Section 302 IPC vide judgment dated 17.9.200
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