RANI @ SAHAYARANI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) Being aggrieved by the conviction under Section 306 I.P.C., the appellant has preferred this appeal.

(2.) Briefly stated the case of the prosecution is that deceased Selvamary is the daughter of Innasi (PW-1) and Barbara (PW-2). On 27.10.1998, PW-1 went for fishing and PW-2 went for selling of fishes. Selvamary was present in the house lonely. When she came back after attending nature call in the morning, the first accused-Malairasan teased her by stoning. The second accused-Rani stated that 'you keep my younger brother and is having bad character'. Appellant-second accused is also alleged to have stated that deceased Selvamary is a prostitute. Being aggrieved, the deceased Selvamary went inside the house and she poured kerosene and set fire on herself. Upon hearing the cry of deceased Selvamary, Rayappan (PW-6) went inside the house and extinguished the fire and thereafter took her to the hospital. On the complaint, case was registered in Cr. No. 966 of 1998 on the file of South Police Station under Section 174 Cr.P.C. On receipt of intimation from the hospital, PW-9, Judicial Magistrate went to the hospital and recorded dying declaration of Selvamary. Upon completion of investigation, the second accused-appellant and her brother-first accused were charged for the offence punishable under Section 306 I.P.C. The trial court acquitted the first accused appellant.

(3.) However, the second accused-appellant was convicted under Section 306 I.P.C. and sentenced her to undergo imprisonment for a period of three years.