MARIMUTHU Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.57 of 2012 on the file of the learned First Additional District and Sessions Judge, Tuticorin. He stood charged for the offence under Section294(b) and 302 IPC. The trial Court, by judgment dated 13.07.2012, convicted him under Section 302 IPC 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. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution in brief is as follows;

(3.) The learned senior counsel appearing for the appellant would submit that the prosecution in this case relies only on the dying declaration recorded by PW16 under Ex.P21. In the said dying declaration, the deceased had stated that the accused poured kerosene and set fire. There is not other evidence available on record to corroborate the same. The learned senior counsel appearing for the appellant would further submit that the said dying declaration cannot be believed as the deceased would not have been in a fit state of mind to make a dying declaration.