LAWS(MAD)-2013-11-35

G.MURUGAN Vs. STATE BY INSPECTOR OF POLICE

Decided On November 19, 2013
G.MURUGAN Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This is a case of Uxoricide. Murugan, the sole accused before the trial Court, is the appellant before us. He was charged for the offence punishable under Section 302 IPC, for setting his wife, Mangayarkarasi on fire by dousing kerosine on her in the afternoon of 28.10.2006 at their residence. He was convicted and sentenced to life imprisonment and pay a fine of Rs.50,000/- in default to undergo six months simple imprisonment by judgment dated 02.03.2012 in S.C.No.534 of 2006 passed by the learned Sessions Judge, Mahalir Neethimandram, Chennai.

(2.) It is the case of the prosecution that the appellant Murugan and Mangayarkarasi were married 8 years before the incident. They have one son, Mugilan and a 3 year old daughter, Sanmathi. The appellant was working as a Security Guard and used to work on shifts. The couple were living in the second floor at D.No.53/27, Bhajanaikoil Street, Choolaimedu, Chennai, owned by one Kasthuri Kalidoss (PW.4). Their son Mugilan was left in the care and custody of the parents of Mangayarkarasi in her native village and the daughter Sanmathi alone was with them. The appellant used to suspect the fidelity of his wife, Mangayarkarasi and believed that she was having illicit intimacy with one Sekar. Earlier, the appellant has lodged a police complaint on 25.07.2006 about his wife's extra-marital affair with one Sekar and one Mrs.Selvi, Sub Inspector of Police (PW.21), F5, Choolaimedu Police Station, appears to have mediated between the couple in the police station where they agreed to bury their differences and live in peace.

(3.) On the fateful day, i.e. 28.10.2006, it is alleged by the prosecution that the couple quarrelled and the appellant poured kerosine on Mangayarkarasi and set her on fire, resulting in her fleeing from the second floor naked as her clothes were completely burnt, to the landlady's portion in the ground floor. She was wrapped with a blanket and was taken to K.M.C.Hospital, Chennai by Annammal (PW.1), her son Ravi (PW.2) and the appellant. Mangayarkarasi was first examined by the duty doctor, Dr.Jason Philip (PW.18) to whom she stated that she was set on fire by her husband. This has been recorded by him in the Accident Register (Ex.P9). PW.18 admitted her into the Burns Ward when her statement (Ex.P11) was recorded by one Thiru Ramachandran, Sub Inspector of Police, F5 Choolaimedu Police Station, Choolaimedu (PW.20). Her statement was treated as a complaint and an FIR in F5 Choolaimedu Police Station in Crime No.1778 of 2006 for an offence under Section 307 IPC was initially registered by PW.20. The original complaint and FIR were received by the jurisdictional Magistrate at 7.30 p.m. on 28.10.2006 as could be seen from the endorsement made by the learned Magistrate on the printed FIR (Ex.P12). The case was taken up for investigation by Mr.Elangovan, Inspector of Police (PW.24). He proceeded to the K.M.C.Hospital and after recording the statement of Mangayarkarasi, he visited the place of occurrence around 19.20 hours and prepared an observation Mahazar (Ex.P2) and rough sketch (Ex.P17). He seized the following articles from the place of occurrence, viz., i) burnt match sticks (MO.2), ii) partly burnt plastic bucket (MO.3), iii) Chittafight match box (MO.4), iv) partly burnt mat (MO.5) and v) white colour plastic can (MO.6) in the presence of witnesses, Kumar (not examined) and Subramani (PW.15) under the cover of Mahazar (Ex.P3). Attempts were made by the Investigating Officer to have the dying declaration recorded by the Judicial Magistrate, which did not materialize since the victim was not in fit condition to give any statement when the learned Magistrate came, as could be seen from the following endorsement made by the XVI Metropolitan Magistrate, Georgetown, Chennai.