VAIYAPURI Vs. STATE

JUDGEMENT

(1.) The appellant herein had been found guilty of the offence under Section 302 of the Indian Penal Code for causing the death of his wife Masilamani on 8-9-1988 at 8 p.m. at their residence at 27 Devendhiran Street, Singanallur and had been sentenced to undergo life imprisonment by the learned First Additional Sessions Judge Coimbatore Circle, Coimbatore in S.C.No. 110 of 1989.

(2.) The case of the prosecution is that P.W.I Vaiyapuri is the father of the deceased. On 8-9-1988 at 5 p.m., the accused returned from his work and asked for food from the deceased. The deceased replied that the rice is boiling in the stove and as soon as the rice is fully boiled, she will give him the food. Immediately, the accused retarded saying Tamil Matter. The deceased politely replied that she is not of that type and she is true to her husband. P.W.I told the accused that the deceased is not of any bad character and so, asked to take the food and carry on the family life in a better manner. The deceased offered food to the accused. While the accused was taking food, he demanded some more sambar. The deceased poured some more sambar in the plate.

(3.) At that time, P.W. 1 heard some noise. Immediately thereafter, the deceased came to P.W.I. P.W.I saw the clothes of the deceased had been set on fire. P.W.I questioned the deceased as to who set fire on her. The deceased replied that suspecting her fidelity, her husband set fire on her. P.W.I was suffering from paralytic attack and as such he could not move about. He requested his daughter - the deceased to go out of the house, so that the on-lookers can put off the fire. The deceased also went out of the house. The deceased caught hold of the accused and the clothes of the accused were also got fire. Immediately, the accused pushed aside the deceased and went away. The neighbours, who saw the deceased with flames, made an attempt to put off the fire. The sons of P.W. 1 - Mariappan P.W. 2 and another came to the scene of occurrence and they also joined in putting off the fire. The deceased told them that the accused poured kerosene and set fire on her. The ambulance was brought and the deceased was taken to the hospital at Coimbatore. P.W. 1 went to the police station at Singanallur and gave the complaint Ex. P-1 to P.W.15 the Sub. Inspector of Police.