SURESH Vs. STATE REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant before us has challenged the order dtd. 28/2/2012 by which the High Court of Madras has upheld the appellant's conviction and life sentence for an offence under Sec. 302 of the Indian Penal Code ('IPC').

(2.) The brief case of the prosecution is that on 12/9/2008 at around 6 pm, the appellant caused the death of his wife ('deceased') by pouring kerosene on her body and setting her on fire, which ultimately resulted in her death after a period of approximately three weeks in a hospital. The appellant used to reside in his house at Narayanachetti Street, Tuticorin with his wife and a 2 1/2 year old son. The Motherinlaw (PW-1) and Fatherinlaw (PW-2) of the appellant used to reside in the street next to the appellant's street. On the fateful day i.e., 12/9/2008 when the child of the deceased was crying, the deceased called her mother (PW-1) to pacify the child and the child was taken away by her mother (PW-1) to her house which was in the neighbourhood. Meanwhile, PW-1 and PW-2 were informed by a neighbourhood child that their daughter Sumathi (deceased) had caught fire. She was then immediately taken to a nearby hospital, and then to another hospital (American Hospital) and eventually admitted in a Government Hospital at Thoothukudi.

(3.) At around 9:30 pm, when police received the information, PW-9 (Head Constable) reached the hospital and recorded the statement of the deceased. In her statement to PW-9, the deceased stated that she caught fire while working in the kitchen. She also states that at the time of the incident, the appellant was sleeping and when she screamed, the appellant woke up and tried to put off the fire. On the basis of this statement, a general diary entry was made by police on 12/9/2008.