DEENAN ALIAS DEENADAYALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant in this appeal stands convicted under Sections 302, 316 and 450 of the Indian Penal Code. For the former offence, he stands sentenced to undergo imprisonment for life together with a fine of Rs. 2,000/- carrying a default sentence; for the offence under Section 316 I. P. C. , he stands sentenced to undergo seven years rigorous imprisonment together with a fine of Rs. 1,000/- carrying a default sentence and for the last one, to undergo rigorous imprisonment for 3 years together with a fine of Rs. 1,000/- carrying a default sentence. Hence, he is before this Court in this appeal. Heard Mr. S. Ashok Kumar, learned senior counsel appearing for the appellant and Mr. V. M. R. Rajendran, learned Additional Public Prosecutor appearing for the State.

(2.) THE prosecution case is that at about 12. 30 p. m. on 19. 2. 99, the accused set fire to Vijayalakshmi by pouring kerosene on her in her house, as a result of which, she succumbed to the burn injuries on 23. 2. 99 and in the course of the same transaction, a quick child, which is found to be nine months old, was also done to death. Both the above referred to offences were committed by the accused after committing house trespass. To substantiate their case, the prosecution examined P. Ws. 1 to 15, besides marking Exs. P. 1 to P. 25 and exhibiting M. Os. 1 to 10. Let us state the prosecution case hereunder:-P. W. 1 is the husband of Vijayalakshmi (since deceased) and is the rickshaw puller by profession. Through Vijayalakshmi, he has a female child by name, Anu and he is living in the second floor of the multi-storeyed structure in Sundaram Main Road, Vyasarpadi, with his wife. The said portion belonged to Kanaga, who is the junior maternal aunt of Vijayalakshmi (since deceased) and he was there on a monthly rent of Rs. 250/ -. He knows the accused, who is none else than his wifes senior paternal aunts grand son. The accused was residing in a nearby street and he often used to come home as a relative. A few months before the occurrence, the accused came home and his wife gave him coffee. While receiving the coffee tumbler, the accused caught hold of his wifes hand, which shocked him. Therefore, he and his wife advised the accused not to come home any more. Thereafter, the accused was often kidding her and this was told to him by his wife. Since the accused is a relative, they do not want to precipitate the matter. On the occurrence day, leaving his wife and daughter, Anu, he went to attend the marriage of his friends sister and returned home at 3. 00 p. m. There, he noticed a crowd near his house. Sujatha, the younger sister of his wife, informed him as to what happened and his wife had already been taken to Government Kilpauk Medical College Hospital and he proceeded to the hospital and enquired her. At that time, his wife told him that at about 12. 30 p. m. on that afternoon, the accused made sexual advances to her and as his wife chased him out, the accused left threatening her and some time later, when she was asleep, the accused came home; poured kerosene and then set fire to her and thereafter, he ran away. His wife died at about 8. 45 a. m. on 23. 2. 99.

(3.) P. W. 10 is the Casualty Medical Officer in the Government Kilpauk Medical College Hospital at Chennai. When he was on duty in the hospital on 19. 2. 99, at about 1. 40 p. m. , a patient by name Vijayalakshmi with burn injuries was admitted in the burns ward. He enquired her as to how she sustained injuries, for which, she replied that her brothers son, Deenan (the accused) poured kerosene on her at 1. 00 p. m. and then set fire to her and that he had done it on account of exchange of words. He entered the details in the case sheet. She was conscious. She had suffered 54% burn injuries. He commenced treating her and since he was of the opinion that her dying declaration must be recorded, he sent an intimation to the Magistrate. He also obtained the opinion of a Gynaecologist, who told him that there is a foetus of 36 weeks old. Vijayalakshmi died at about 8. 40 a. m. on 23. 2. 99. Ex. P. 9 is the death intimation and Ex. P. 10 is the accident register. P. W. 11 is the Sub-Inspector of Police in the investigating police station. On receipt of information over telephone that a patient by name Vijayalakshmi had been admitted in the hospital with burn injuries, he reached the hospital at 9. 00 p. m. on 19. 2. 99. P. W. 6, the duty doctor, identified the patient and ascertaining himself that Vijayalakshmi was in a fit and conscious state of mind, he recorded the statement given by her, in which he had taken her left thumb impression. Before taking her left thumb impression, he read over the contents to her and she affirmed the contents of the same as correct. P. W. 6, the doctor, was by his side at that time. Ex. P. 11 is the said statement. P. W. 6 wanted the dying declaration of Vijayalakshmi be recorded by a Magistrate. P. W. 6 is the medical officer in the Government Kilpauk Medical College Hospital. A patient by name Vijayalakshmi with burn injuries was admitted as an in-patient in the burns ward and he was treating her. At about 9. 00 p. m. on 19. 2. 99, P. W. 11 appeared in the hospital and proceeded to examine Vijayalakshmi (since deceased ). P. W. 6 was by his side when P. W. 11 recorded the statement from Vijayalakshmi. He certified that Vijayalakshmi was in a fit and conscious state of mind at that time. Ex. P. 3 is the certificate at the foot of Ex. P. 11, which shows that the patient was fully conscious when the statement was recorded. Then, at 9. 30 p. m. , he sent an intimation to the Magistrate to record her dying declaration. Accordingly, between 10. 15 p. m. and 10. 45 p. m. , the Metropolitan Magistrate recorded her dying declaration. P. W. 6 was present by the side of the patient and he gave Ex. P. 4, the certificate, which is found reflected at the foot of Ex. P. 15, reading as hereunder:-"patient was fully conscious and able to talk when the dying declaration was recorded. " p. W. 12 is the XIV Metropolitan Magistrate, Chennai. On receipt of Ex. P. 12, the requisition to record the dying declaration of the patient, he immediately reached the hospital, where he observed Vijayalakshmi admitted as an in-patient. P. W. 6 identified the patient to him. Vijayalakshmi was conscious. There were three women by her side. By asking them to leave that place, P. W. 12 examined Vijayalakshmi by asking her personal details and she gave answers in a coherent manner. He introduced himself to her as the Metropolitan Magistrate, which she understood. Then, satisfying himself from the answers given by Vijayalakshmi that she was in a fit and conscious state of mind, he examined her as to how she came to sustain the injuries and Vijayalakshmi answered each question one after the other and he had taken her left thumb impression in it. P. W. 6 had certified her fit and conscious state of mind. Ex. P. 14 is the said dying declaration. In that dying declaration, the patient had implicated the accused. The details of which, we will refer a little later.