VEERAIYAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal appeal has been preferred against the judgment dated 3-10-2001 rendered in S. C. No. 114 of 2001 by the Court of Principal Sessions Judge, Nagapattinam, thereby convicting the appellant/accused for the commission of offences punishable under Sections 449 and 302, I. P. C. and sentencing him to undergo rigorous imprisonment for a period of five years and a sentence of imprisonment for life and acquitting the accused for yet another commission of offence punishable under Section 341, I. P. C. for which also he stood charged before the trial Court.

(2.) THE charge as framed against the appellant was that living in illicit Intimacy with the wife of the deceased Krishnan, the accused was in the habit of ill treating the deceased also and while so, since the deceased witnessed the ugly scene of the appellant and his wife having illicit intercourse, he started questioning such of the relationship of the appellant with his wife and aggrieved at this, intending to cause the death of the deceased, the accused on 10-11-2000 at 7. 00 a. m. trespassed into the. house of the deceased Krishnan and took a kerosene can with full of kerosene and pouring the same on the body of the deceased and while the deceased started running away from the scene, the appellant wrongfully restrained him and dragging him into the house poured the kerosene all over the body of the deceased Krishnan and set him on fire, as a result of which, he sustained serious burn injuries and was removed to the Thiruth uraipoondi Government Hospital from where he was again taken to Thiruvarur Government Hospital, where the injured Krishnan died of burn injuries on 13-11 -2000 and hence, the charge for the commission of offences under Sections 449, 341 and 302. I. P. C.

(3.) THE Court of Principal Sessions Judge. Nagapattinam, having conducted the trial and on collection of such oral and documentary evidence and the material objects, of which, for the oral evidence 12 witnesses have been examined as P. Ws. 1 to 12 and for documentary evidence 17 documents have been marked as Exs. P1 to 17, besides marking six material object in proof of the case of the prosecution as M. Os. 1 to 6. on its part in its attempt to prove the case to the standards required under law that is with proof beyond reasonable doubts and appreciating these evidence placed on record the Court of Session, Nagapattinam; had ultimately arrived at the conclusion to hold that the appellant/accused had committed the offence under Sections 302 and 449, I. P. C. and holding him guilty under these two Sections, did not find reason to convict him for the offence under Section 341, I. P. C. with which also he was charged and would award the punishments as aforementioned.