ELUMALAI Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellant, who faced trial in S.C.No.263 of 2010 on the file of the Sessions Court (Mahalir Court), Cuddalore for the offence under Section 302 of the Indian Penal Code, was convicted for the said offence and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- and in default to pay fine, to undergo two months rigourous imprisonment. Against the conviction and sentence imposed, the appellant is before this Court.

(2.) THE case of the prosecution is that the appellant is the son of the aunt of the deceased - Kasapayee. About two months prior to 12.7.2009, when the deceased took mud for swobbing from the dilapidated house of the accused, which is situated on the east of the house of the deceased, she was assaulted by him and due to that, there was enmity between them. On the evening of 11.7.2009, the appellant, in a drunken mood, stated that he would pull her intestines out and make it a garland around his neck. Due to enmity, at about 1 AM on 12.7.2009, while the deceased was sleeping on an iron nylon rope cot in front of her house, the appellant poured kerosene on her and set fire. When the deceased got up, the appellant ran inside his house. On hearing the screams of the deceased, her mother got up and doused the flames. THE deceased suffered burns and as a result of which, died on 17.7.2009. A charge was framed against the appellant for the offence under Section 302 of the Indian Penal Code.

(3.) THE recording was completed at 4.40 AM. After completing the recording of dying declaration also, the doctor certified that when the dying declaration was being recorded, the deceased was in a sound state of mind and was conscious. He had certified so under ExP2. PW3 read over the statement of the deceased, who acknowledged the same and she had stated that the statement was given on her own without the inducement of anybody else. ExP3 is the dying declaration. In ExP3 dying declaration, the thumb impression of the deceased was obtained. THEn, the same was forwarded to the concerned court.