UTHIRAVEL @ UKKIRAVEL Vs. STATE

JUDGEMENT

(1.) The appellant was tried as sole accused by the learned Additional District and Sessions Judge, Fast Track Court, Ariyalur, in S.C. No: 59 of 2009 for offences under Section 302 I.P.C. By a judgment dated 27.12.2011 the learned trial Judge convicted and sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- and in default to undergo rigorous imprisonment for one year. Challenging the said judgment, the appellant is before this Court in this appeal.

(2.) The case of the prosecution is that the deceased Jayanthi is the wife of the accused. They were living in Mela Naduvai Konar Street as husband and wife for the past 10 years. The accused is in the habit of drinking and suspected the character of his wife and he used to pick up quarrel with the deceased and used to give all sorts of disturbance and untolerable troubles. On 02.03.2009, at about 7.00 p.m. the accused asked the deceased as to why she has not sent her mother out of his house as directed by him and can he pour kerosene and set her on fire. On this issue, the accused picked up a quarrel with the deceased. As the deceased does not like this kind of act by the accused, the deceased told the accused that she will die after pouring kerosene on her body and poured kerosene on herself to threaten the accused. The accused, with an intention to murder the deceased, set fire on the body of Jayanthi. Though Jayanthi was taken to hospital, she died of burn injuries on 03.03.2009, Thus, according to the prosecution, the accused had committed an offence punishable under Section 302 I.P.C.

(3.) In support of its case, Prosecution had examined P.Ws. 1 to 14 and marked exhibits P.1 to P.20 and produced M.Os. 1 to 3. Neither any witness was examined nor any document was marked on behalf of the accused.