UDAYA KUMAR Vs. STATE REP

JUDGEMENT

(1.) Learned Principal Sessions Judge, Chengalpattu, tried the appellant/accused for charges under Sections 302 IPC. and 201 IPC. for causing the murder of his wife by name Uma at 11.30 P.M. on 25.4.1997 in his residence at Door No.36, Murthy Avenue, Lakshmi Nagar, Porur. The Sessions Court found the appellant/accused guilty under Sections-302 and 201 IPC. and sentenced him to undergo life imprisonment and three years R.I. respectively. Questioning the correctness of the same, the above appeal has been filed.

(2.) The deceased is the wife of the accused. PW-1 is the brother of the deceased while PW-2 is the mother of the deceased. PWs-3 and 4 are the neighbours of the deceased. The marriage between the accused and the deceased was celebrated about 1 years prior to the occurrence. The accused belongs to Neelankarai. After marriage, they used to stay for about four months in Neelankari and four months with PW-2. The deceased came to the house of PW-2 for confinement and after delivery, she remained there for about three months. The accused, who is a resident of Neelankarai, found it difficult to go to Mount Road, where he was working as an Assistant Camera Man in a concern known as 'Asha Vision'. The accused then told PW-1 to look for a house in the area where PW-1 resides. PW-1 was able to secure a house for the accused which is just about one furlong away from his house. The accused used to consume liquor and ill-treat the deceased. On 22.4.1997, the deceased went to the house of PW-1 in the morning along with child and when enquired she told that the accused, as usual, consumed liquor and beat her. Next day night, the accused came to the house of PW-1 but did not speak anything. Thereafter, on the next day, that was Thursday morning, he left the house, came back in the evening, and took the deceased and child to his house. On 25.04.1997, PW-1 went to the house of the deceased and after chatting for a while with the deceased and also playing with the child, took the child, came to his house and left the child with his mother. On the fateful day, that was on Friday, the deceased came to the house of PW-1 and took the child with her. As usual, PW-1, after completing his work, came back to the house and in the house, himself and PW-2, his mother were viewing the television. At about 11.30 P.M., they heard the noise of calling bell. PW-1 opened the door and found the accused standing with the child in his hand in an agitated mood. When enquired, he replied that Uma ie., the deceased, poured kerosene on herself and set on fire. PW-1 then asked the accused as to whether they could take her to the Hospital, for which, the accused replied that it would be a waste. PW-1 ran towards the house of the accused and the mother of PW-1 also followed him, taking the child from the accused. They found the door closed from outside. When they opened the house, there was lot of smoke inside. PW-1 splashed water inside the room through the window. Hearing the noise, PWs-3 and 4, the neighbours also came. They could see that the deceased was virtually burning in a sitting posture. PW-1 then went to the police station and gave Ex.P-1 complaint. The accused, who was present, later on the left that place. PW-7 is the Inspector of Police attached to Sri Ramachandra Medical College Police Station. At about 2 A.M. on 26.4.1997, when he was in the Station, PW-1 appeared before him and gave complaint. On the basis of the same, he registered Cr. No.135/1997 under Section-174 Cr.P.C. and prepared Ex.P-8 Express F.I.R. The Express F.I.R. as well as Ex.P-1 were sent to the Court of Judicial Magistrate and copies to his superiors. Since the deceased died within seven years of her marriage, copy of the FIR was sent to the Revenue Divisional Officer, Ponneri. On 26.4.1997, PW-6, the Revenue Divisional Officer proceeded to the scene of occurrence and conducted inquest over the body of the deceased between 4.30 and 6.30 P.M. Ex.P-4 is the inquest report. At the time of inquest, he examined PW-1, PW-2 Indirani ie., the mother of the deceased and others. Thereafter, PW-6 took steps to send the body to Kilpauk Medical College Hospital for the purpose of conducting post mortem. The accused appeared before the Revenue Divisional Officer and gave a statement (Ex.P-6), which was reduced to writing by the Zonal Deputy Tahsildar of Ambattur, wherein, he had stated that the deceased when asked by him to serve meals refused to do so and that there was a wordy quarrel and that he slapped her twice and that her head hit against the wall and she died. According to him, in order to conceal this, he poured kerosene and set her on fire. The Revenue Divisional Officer sent his report to the Deputy Superintendent of Police, Poonamallee on 2.5.1997 to the effect that it was not dowry death and that action may be taken under the Indian Penal Code. PW-9 was the Doctor attached to Kilpauk Medical College Hospital at the relevant time. On the basis of the requisition made by the Revenue Divisional Officer, she conducted post mortem on the body of the deceased on 27.4.1997 and issued Ex.P.11 post mortem certificate. In the said certificate, the Doctor has noted four injuries which she has described as under:-

(3.) When questioned under Section 313 Cr.P.C., the accused denied having any complicity in the commission of the crime.