MERLIN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No. 174 of 2010, on the file of the learned Additional Sessions Judge, Fast Track Court No. II, Thoothukudi. He stood charged for the offence under Sections 302 and 324 I.P.C. By Judgment, dated 21.01.2011, the Trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - in default to undergo rigorous imprisonment for one year for the offence under Section 302 I.P.C. and to pay a fine of Rs. 500/ - in default to undergo rigorous imprisonment for three months, for the offence under Section 324 I.P.C. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal.

(2.) THE case of the prosecution, in brief, is as follows:

(3.) OUT of the said witnesses, P.W.1 to P.W.5 have turned hostile and they have not supported the case of the prosecution in any manner. P.W.6 is the brother of the accused. According to him, at about 07.00 p.m., on 17.07.2008, when he was in his house, he heard the cry of the deceased from her house. Immediately, he rushed to the house of the deceased. He found the deceased in flames. P.W.16 extinguished the fire. According to him, when he enquired her, she told him that while cooking accidentally she caught fire. P.W.7 has turned hostile and he has not supported the case of the prosecution in any manner. P.W.8 is the learned Judicial Magistrate No. II, Tuticorin, who has spoken about the dying declaration recorded by him at the first instance at 05.00 p.m. on 17.07.2008, wherein the deceased told that while cooking accidentally she caught fire. P.W.8 has spoken about the second dying declaration recorded by him at 08.30 p.m. on 18.07.2008, wherein the deceased stated that the accused set fire to her. P.W.9 has spoken about the Observation Mahazer and recovery of material objects from the place of occurrence. P.W.10 has spoken about the arrest of the accused, his disclosure statement and the consequential discovery of M.O.3 and M.O.4. P.W.11 is the Constable, who handed over the Express First Information Report to the learned Judicial Magistrate. P.W.12 is the Constable, who has stated that he handed over the dead body to the doctor for postmortem.