SUGUNA Vs. STATE

JUDGEMENT

(1.) The instant Criminal Appeal has been filed against the Order of Conviction against the Appellant in S.C. No.58 of 2007 vide Order, dtd. 10/12/2018.

(2.) In the above sessions case originally, there were two Accused. During the pendency of the trial, the First Accused, Murthy, died, and the charges against him stood abated. Hence, as against the Second Accused, the trial proceeded, and the Trial Court found her guilty under Sec. 302, IPC.

(3.) According to the Prosecution case, Accused 1 and 2 are the husband and wife, who were in the business of financing. During the course of their business, the deceased had borrowed some amount to run his small eatery. In the course of such borrowing, there was some outstanding, and to collect such outstanding, the Accused, along with their henchmen, intimidated the deceased's wife. When the deceased went to the Accused residence and questioned their conduct, both the Accused have poured Kerosene on the deceased and set him on fire, in pursuance thereof, the deceased succumbed to the injuries in the Hospital. It appears that subsequently, after coming to know about the incident, PW1, who is the wife of the deceased, gave a Police Complainant to one Mr. Chandran, Head Constable of the Tiruvannamalai Town Police Station, on 29/3/2003. On receipt of such a Complaint, an FIR was registered in Cr.No.429 of 2003 at 17.15 hrs, which was forwarded to the concerned Jurisdictional Magistrate, as well as to the Investigating Officer, PW14.