KANAGARAJ Vs. STATE

JUDGEMENT

(1.) Kanagaraj, the accused was convicted for the offence punishable under Section 302 IPC (three counts). Challenging the same, this appeal has been filed.

(2.) The case of the prosecution in brief is as follows: The deceased in this case are (1) Rajathi, (2) Manjula and (3) Meghala, the daughters of the appellant/accused. P.W.1, Sarojini is the wife of the accused. Apart from these three children, the accused and P.W.1 had three other sons. The accused used to return home after consuming liquor and frequently there was a quarrel between PW1 and the accused. One month prior to the occurrence, P.W.1 took her three female children and went to her brother P.W5-Selvam's house. P.W.3, Somasundaram ,the son of P.W.1 went to P.W.5., Selvam's house and requested P.W.1 to come to their house, so that his father and himself could get good food. Accordingly, P.W.1 came back to her house along with her children. She was accompanied P.W.2, Sowdammal, the daughter of P.W.1's brother- Selvam P.W.5.

(3.) The fateful occurrence took place on 4.4.1998 during night hours. P.W.3, Somasundaram went for night shift. The three children Rajathi, Manjula and Meghala were sleeping inside. The accused was also sleeping along with the children. P.W.1 and P.W.2 Sowdammal were sleeping in the front portion of the house. The accused disturbed P.W.1, when she was sleeping and invited her for sexual intercourse. she declined saying that already she had three female children and she did not want any more child. In the meantime, P.W.2 got up. Getting irritated over this, the accused forcibly pushed P.Ws 1 and 2 out of the room and bolted the house from inside. He felt that 3 daughters were the hurdles for his conjugal relationship with his wife. Thereafter he took the kerosene can from the kitchen and he poured kerosene on his three children and set fire to them. The children in flames started crying. This was witnessed by P.Ws 1 and 2 and neighbours through window. One of the children, caught hold of her father,consequently the accused also sustained burn injuries in his right hand. Immediately, the accused opened the door and came out. Then the children were brought to the Government Hospital, Erode. The accused was also admitted in the same hospital on 5.4.1998 at 1.25 a.m.