JAYARAJ Vs. STATE

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 75 of 1997 on the file of the learned Principal Sessions Judge, Vellore, wherein, by judgment dated 13 -11 -1997, the accused was convicted for the offence punishable under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/ -, in default, to undergo rigorous imprisonment for one year. Aggrieved by which, the accused has preferred the above appeal.

(2.) The case of the prosecution in brief is that at about 5 am on 7 -12 -1994, the accused, suspecting the fidelity of his wife Kuppammal, poured kerosene on her and set her on fire, when she was sleeping in their house. The said Kuppammal sustained burn injuries over 90 to 95% and she was admitted to the Government Pentland Hospital at Vellore, where she succumbed to injuries on 9 -12 -1994. 2.2. The deceased Kuppammal had given five dying declarations, viz.

(3.) On the part of prosecution, 13 witnesses were examined as PWs. 1 to 13 and 16 documents were marked as exhibits P1 to P16, of which it is relevant to mention that PWs. 1 to 3 speak about the quarrel between the accused and deceased Kuppammal, PW. 4 is the mahazar witness, PW. 5 speaks about the Panchayat held between the accused and deceased Kuppammal, PW. 6 is the Doctor who admitted the deceased Kuppammal in the hospital as an inpatient, PW. 7 is the Doctor in whose presence dying declaration marked as exhibit P12 was recorded, PW. 8 is the Doctor who conducted Post Mortem and issued Post Mortem Certificate marked as exhibit P8, and PW. 13 is the Investigating Officer.