RAJU Vs. STATE

JUDGEMENT

(1.) The appeal is against the judgment of the learned Sessions Judge, Thanjavur, finding the accused guilty of the charges under Section 302 of the Indian Penal Code and imposing upon him a sentence of life imprisonment. The accused is alleged to have poured kerosene on the deceased Mrs. Bakkiyam, wife of Ganesan and set her on fire at 10.30 am on 16.6.1994 at Mariappa Chettiar Colony, Kondikulam, consequent on which she died at 6 pm on 18.6.1994.

(2.) The case of the prosecution is that Mrs. Bakkiyam was living with her husband Ganesan, a lorry loadman and two children at Mariappa Chettiar Colony, Kondikulam. The deceased was aged 27 years at that time and was married to Ganesan ten years since. About ten days prior to the date of occurrence, while Mrs. Bakkiyam was working in the sugarcane field belonging to Nadimuthu Chettiar of Pattukottai, the accused, who was working with Nadimuthu Chettiar as his Accountant, called her for an illicit intercourse. Mrs. Bakkiyam, while refusing to concede to the demand, scolded him and also informed her husband Ganesan about the same. Coming to know of this, the accused set fire to the haystack belonging to Nadimuthu Chettiar on 14.6.1994 and put the blame on Mrs. Bakkiyam by filing a police complaint against her. The police, who took her to the police station on 15.6.1994 for enquiry, let her off later. Ganesan was proposing to complain to the panchayat about the illegal demand of the accused to his wife and also as to his false complaint against her. On 16.6.1994, Ganesan was in his house as he was not doing well. At about 9 am, he went outside. At about 10 am, when the deceased was taking breakfast in her house, the accused came there in a cycle and parked it in the backyard of the neighbouring house and was trying to pour kerosene on her body. When she tried to get up and run, the accused shouted, "You have caused insult to me and I am not going to leave you without killing" and saying so, he poured kerosene and lighted the match. Immediately, her body caught fire and she cried and poured water and thereafter, she was taken to the hospital. When P.W.1 returned, he found his wife lying with burn injuries and on enquiry, she informed him that the Accountant namely Raju, the accused, came there in a bicycle with kerosene and told her that just because she was alive, he has been put to insult and saying that if she is burnt everything will be alright, he poured kerosene on her and set fire to her body. It was 10.30 am at that time and Ganesan immediately took her to the Government Hospital, Pattukottai and on their reference, she was admitted in the Medical College Hospital, Thanjavur. Notwithstanding the treatment, she succumbed to the injuries at 6 pm on 18.6.1994.

(3.) When the deceased was taken to the Government Hospital, Pattukottai, she was attended to by the doctor, P.W.8 who had issued Ex.P.9, the wound certificate at 11.50 am on 16.6.1994. As per this certificate, the burn injuries are said to have been caused on 16.6.1994 at 10.30 am while the deceased was at her house at Kondikulam by a known person by pouring kerosene and setting fire to her. According to the certificate, at the time of admission, the deceased was conscious and oriented, her pulse was 90/mt, her B.P. was 120/80 and she had suffered 90% of body surface burns. She was referred to the Thanjavur Medical College Hospital for management. P.W.8, in his examination-in-chief, says that while he examined her, she was in a conscious state and the blood pressure and heart beats were normal. In the cross-examination, he says that in reference to the injuries found on the body of the deceased, she sent an intimation to the police.