BALU Vs. THE STATE

JUDGEMENT

(1.) THE convictions and sentences dated 09.11.2006 passed, in Sessions Case No. 120 of 2005, by the Assistant Sessions Judge, Mannargudi, are being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that the accused is the husband of the deceased, by name, Abirami. On 10.11.2004, at about 6.00 a.m., infront of the house of the deceased and accused, a tussle has arisen in between them with regard to pledging of jewels belonging to the deceased and due to that, the deceased has doused kerosene and set fire on her and immediately, after occurrence, she has been admitted in hospital and subsequently, on 16.11.2004, at about 1.00 a.m., she passed away in Medical College Hospital, Tanjavur. The deceased, after admitting her in the hospital, has given a statement and the same has been initially registered in C.S.R. No. 288 of 2004 and after her demise, the statement alleged to have been given by the deceased has been registered in Crime No. 270/04, under Section 174 of the Code of Criminal Procedure, 1973. The statement alleged to have been given by the deceased has been marked as Ex.P8.

(3.) THE Post -mortem report has been marked as Ex.P10. After completing investigation, P.W.18 has laid a final report on the file of the Judicial Magistrate Court No. II, Mannargudi and the same has been taken on file in P.R.C. No. 17 of 2005.