RAJENDRAN Vs. STATE

JUDGEMENT

(1.) A1 Rajendran was convicted for the offences under Sections 498-A and 302 I.P.C. His mother A2 Meenakshi was convicted for the offence under Section 498-A I.P.C. alone. Challenging the same, this appeal has been filed.

(2.) ORIGINALLY, the accused were charged for the offences under Section 4 of the Dowry Prohibition Act and under Sections 498-A and 302 I.P.C. Ultimately, the trial Court acquitted both of them in respect of the offence under Section 4 of the Dowry Prohibition Act.

(3.) THE prosecution mainly relies upon three dying declarations, namely (i) Ex.P21 recorded by P.W.22 Sub Inspector of Police at 8.00 p.m. On 4.11.1997, (ii) Ex.P6 recorded by P.W.11, the Judicial Magistrate at about 10.10 p.m. On 4.11.1997, and (iii) Ex.P20 recorded by P.W.23 Inspector of Police at 11.00 a.m. On 5.11.1997. According to these dying declarations, A1 husband poured kerosene over the body of the deceased and set fire to her.