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2024 Supreme(Ker) 689

P. B. SURESH KUMAR, M. B. SNEHALATHA
Rejinold Rosario @ Baiju, S/o. Henry Rosario – Appellant
Versus
Circle Inspector Of Police, Medical College Police Station, Kozhikode-673 633 – Respondent


Advocates Appeared:
For the Appellant : Sri. T.G. Rajendran.
For the Respondents: Smt. Ambika Devi S., Spl. Public Prosecutor.

JUDGMENT :

(M.B. Snehalatha, J.) :

Challenge in this appeal is to the judgment of conviction and order of sentence against the accused in S.C.No.572/2016 on the file of Court of Session, Kozhikode whereby the appellant/accused was convicted for the offences punishable under Sections 498A and 302 IPC.

2. Prosecution case in a nutshell is as follows:

Victim in this case is one Bindu. Accused is her husband. They were living together at their residence at Kuttikkattoor. Accused used to subject the victim to cruelty and used to torture her. On 12.7.2015 at 1.30 pm, with intent to commit murder of the victim, accused poured kerosene over the body of the victim and set ablaze her. The victim who suffered burn injuries, succumbed to the injuries on 12.8.2015 while she was undergoing treatment at Medical College Hospital, Kozhikode.

3. After investigation, final report against the accused for the offences punishable under Sections 498A and 302 of IPC was filed before the jurisdictional Magistrate. Upon committal, the case was made over to the Special Additional Sessions Court (Marad cases), Kozhikode.

4. The learned Sessions Judge framed charge against the accused for the offences punishable

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