ANAND Vs. STATE

JUDGEMENT

(1.) The sole accused, who was convicted under Section 302 IPC in S.C.No.150/2003 by the learned Sessions Judge, Nagapattinam on 03.11.2003 and sentenced to undergo imprisonment for life and pay a fine of Rs.1,000/- in default to undergo one year Rigorous Imprisonment, is the appellant before us.

(2.) It is the case of the prosecution that the deceased Tamilselvi is the wife of the appellant and that suspecting her fidelity, he doused her with kerosene in the early hours of 01.04.2003 and set fire to her and caused her death. The prosecution case begins with the evidence of Mathivanan [P.W.1], who in his evidence stated that, the appellant and his wife deceased Tamilselvi were his neighbours and they have two children, of whom the girl child was being brought up in her grand mother's house at Pattukottai and the son was living with them. He further stated in his evidence that the appellant suspected his wife, on account of which they used to quarrel frequently. A complaint was also lodged about 4 or 5 months prior to the incident in the All Women Police Station, Pattukottai and the appellant and his wife patched up their differences before the police and continued to live together. Even thereafter, their relationship did not improve and four days prior to the incident, there were mediation talks on the intervention of some prominent persons of the village.

(3.) The prosecution has satisfactorily established that, the death of Tamilselvi was an unnatural one and was due to the burns suffered by her. The Chemical Examiner in his Report dated 26.05.2003 vide Ex.P25 has stated that, kerosene was detected in the clothes of the deceased and the appellant. Therefore, we have no hesitation in our mind to hold that Tamilselvi died of burn injuries caused and kerosene was used for causing the burns.