VIMALDOSS Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused who stood trial for offence under Section 302 I.P.C. in S.C. No: 183 of 2009 on the file of the learned Additional District and Sessions Judge, Fast Track Court No: 4, Ponneri.

(2.) THE prosecution case is that the appellant was in the habit of getting drunk and picking up quarrels. Pursuant to one such quarrel in a drunken state, he doused her with kerosene and set her on fire on 04.03.2009 at about 8.00 p.m. Immediately after the occurrence, the deceased was taken to hospital by P.W.2, her mother. Upon receipt of intimation, on 05.03.2009, P.W.11 the Investigating Officer proceeded to Kilpauk Medical College hospital and recorded the statement of the deceased who was then at the burns ward of such hospital. On return to the police station at about 1.00 p.m., he registered a case in Crime No: 97 of 2009 for an offence under Section 307 I.P.C. On expiry of the deceased on 08.03.2009 at 10.00 a.m., the First Information Report was altered to one under Section 302 I.P.C.

(3.) ON being questioned under Section 313 of Cr.P.C., the appellant denied guilt. On appreciation of the evidence before it, the trial Court convicted the appellant for offence under Section 302 I.P.C. and sentenced him to undergo life imprisonment and fine of Rs.3,000/ - i/d 1 year R.I. This appeal arises against such finding.