S CHANDRAN ALIAS CHANDRU Vs. STATE

JUDGEMENT

(1.) ACCORDING to the prosecution On 26.12.1992 at about 7.30 p.m. at door No.111, Dr.Besant Road, Royapettah, Chennai-600014, the accused due to the wordy altercation with his wife, poured kerosene on her, set fire on her and caused death to her and so, the accused is liable to be punished under Sec.302, INDIAN PENAL CODE, 1860 Charge was framed under Sec.302, INDIAN PENAL CODE, 1860 against the accused by the Sessions Court.

(2.) THE case of prosecution on the evidence of P.Ws. is as follows: P.W.1 is the brother and P.W.2 is the father of the deceased. THE accused is the husband of the deceased. THE accused and the deceased got married in 1990 and they were residing at door No.111, Dr.Besant Road, Royapettah, Chennai-600014. THEy got one male child. THEre was no cordial relationship between the accused and the deceased and there used to be frequent quarrel. P.W.1's parents used to compromise and then send the deceased to her husband's house. P.W.4 also used to medidate their quarrels. THE reason for the quarrels is that the deceased refused to live along with the parents of the accused and the accused treated her cruelly catching hold of her hair and attacked her previously about two years prior to the occurrence with mixie jar and caused injuries on her head. THE deceased gave complaint in the Ice House Police Station on that. THE occurrence had happened on 26.11.1992 in the house of the accused. THE house of P.W.1 is at a distance of 100 meters away from the house of the accused. On the date of occurrence, at about 6.00 p.m. the accused came to the house of P.W.1 and told him that his wife Kalaivani, since deceased was giving trouble and he asked him to come and medidate that. P.W.1 asked the accused to go to his house and stated that he would come later. THE accused left that place. P.W.1 went to the house of the accused at about 7.30 p.m. on the date of occurrence. P.W.1 saw crowd with noise in front of the house of the accused. P.W.1 pushed the crowd and went inside the house and found the deceased Kalaivani coming out with flames throughout her body. P.W.1 asked the accused as to why she did like that. THE accused threatened P.W.1 that if he goes nearer, he would pour kerosene on him and set fire on him also. P.W.3, a plumber who came there to do some repair work also saw the deceased burning. P.W.6, on hearing the noise in the house of the accused, went to the house of the accused and found one lady coming out with flames. He immediately took the deceased to the hospital. P.W.2, who came to know about the occurrence through his grandson, visited the scene of occurrence and came to know that the deceased was admitted in the hospital, P.W.5 came to know about the occurrence and went to the Government Hospital, Royapettah and saw the deceased with burnt injuries. THE deceased told P.W.5 that her husband set fire on her. P.W.12, doctor, on 26.12.1992 at about 7.55 p.m. admitted the deceased in the hospital brought by her husband and found burnt injuries throughout her body. THE deceased told P.W.12 that only her husband poured kerosene on her and set fire on her. P.W.12 sent the deceased to the ward for burnt injuries after giving first aid. He has issued accident register copy Ex.P-11, P.W.9, on 26.11.1992 at about 7.30 p.m., while he was in Ice House Police Station received the intimation from the Royapettah Government Hospital that one lady by name Kalaivani was admitted in the hospital for burnt injuries. P.W.9, immediately went to the hospital examined the deceased and found her to be conscious, recorded her statement Ex.P-6 and obtained her thumb impression in that since she was not in a position to sign and brought Ex.P-6 to the police station at about 9.30 p.m. and registered it in Crime No.1789 of 1992 under Sec.307, INDIAN PENAL CODE, 1860 and prepared F.I.R. Ex.P-7. P.W.11, the XVI Metropolitan Magistrate, George Town, on receipt of requisition for recording the dying declaration, went to the Government Hospital, Royapettah, examined the deceased Kalaivani to find out whether she was conscious, asked her name, her husband name and address and after satisfying himself that the deceased was conscious, he introduced himself to the deceased and asked her as to what happened. THE deceased had narrated the occurrence to P.W.11. He recorded her statement, the dying declaration as per her narration and obtained her thumb impression in the dying declaration Ex.P-11. THE doctor P.W.10 was present when P.W.11 recorded the dying declaration of the deceased. P.W.10 gave certificate Ex.P-8 stating that the deceased was conscious throughout her giving the dying declaration. When the dying declaration was read over to her and when shed affixed her thumb impression, P.W.8 was present. After the death of the deceased, on receipt of death intimation Ex.P-13, the case was altered to one under Sec.302, INDIAN PENAL CODE, 1860 by P.W.13 and he prepared the express F.I.R. Ex.P-14, took up investigation, examined the witnesses, drew rough sketch Ex.P-12, prepared observation mahazar Ex.P-2, seized the plastic cane M.O.1, burnt skirt, M.O.2 and match box M.O.3. under Mahazar Ex.P-3 in the present of witnesses. P.W.13 held inquest on the dead body of Kalaivani, prepared inquest report Ex.P-15, examined me witnesses and gave requisition Ex.P-4 to the doctor for conducting post mortem and sent the dead body of Kalaivani through P.W.8. P.W.7 doctor who conducted post mortem on the dead body of Kalaivani found on her the burnt injuries and there was smell of kerosene. He found second grade burnt injuries on the face, neck, breast, back, stomach, hands and legs and issued post mortem certificate Ex.P-5. He has given opinion that the burnt injuries sustained by the deceased are sufficient to cause death. THE accused surrendered before the XVIII Metropolitan Magistrate on 30.11.1992. P.W.13 sent M.Os. along with requisition Ex.P-16 for sending the M.Os. along with requisition Ex.P-16 for sending the M.Os. for chemical analysis. THE M.Os. were sent for chemical analysis along with the court letter Ex.P-17 and the chemical analysis report is Ex.P-18. After completing the investigation, P.W.13 laid charge sheet against the accused.

(3.) LEARNED counsel for the appellant submitted that the deceased was under the influence of her brother and she would have been tutored to say like that implicating the accused with the occurrence and much weight cannot be attached to the dying declarations. He further submitted that the Judicial Magistrate, P.W.11 has not certified that he was satisfied that the deceased was in a fit state of mind to give dying declaration and in such circumstances, the dying declarations given by the deceased cannot be given much weight.