THIRUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant herein was convicted by the learned Principal Sessions Judge, Villupuram in S. C. No. 206 of 2001 for the offence punishable under Section 302, IPC. For the said conviction, he was sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1000/- with a default sentence of six months rigorous imprisonment. Challenging the said conviction and sentence, the appellant has preferred the above appeal.

(2.) THE brief facts leading to the conviction are as follows: -The deceased Rani is the second wife of the accused. The accused wanted some money to meet the marriage expenses of his daughter through the first wife. Therefore, he requested Rani, the deceased, to give some amount. But she refused to give money to him. On 29. 6. 2000 at about 2. 00 p. m. the accused came to the house and requested Rani to pay Rs. 10,000/- by disposing her house and bullock cart, so that the marriage expenses of his first wife wife's daughter could be met. This time also, Rani refused and abused the accused. He got infuriated and poured kerosene on her body and threw a lighted matchstick. The deceased after catching fire, came and caught hold of the accused and in that process, the accused also sustained injuries. Thereafter, the accused extricated himself from her grip and ran away from that place. The deceased came out of the house and cried aloud. The neighbours came and put out the fire and took her to the Government Hospital, Ulundurpet, where P. W. 6, the Civil Assistant Surgeon admitted her at 4. 00 p. m. and gave treatment to her. He sent an intimation to the police and a requisition, Ex. P. 3 to the Magistrate to record the dying declaration.

(3.) ON receipt of the intimation, P. W. 10, the Head Constable of Ulundurpet Police Station came to the hospital and recorded the statement of the deceased, Ex. P. 11, attested by the doctor, P. W. 6. Thereafter, on receipt of the requisition, Ex. P. 3, P. W. 5, the learned Judicial Magistrate No. I, Ulundurpet, came to the hospital, and recorded the dying declaration of the deceased, which stands marked as Ex. P. 4. P. W. 6, the doctor issued Ex. P. 6, Accident Register in respect of the injuries found on the deceased Rani. In the meantime, the accused was also admitted in the same hospital for treatment of the burn injuries found on his person. Ultimately, the doctor, P. W. 6 found both of them in a serious condition and referred them to the Government Hospital, Cuddalore. Again, he issued requisitions to the doctor attached to the Government Hospital, Cuddalore and also to the Judicial Magistrate No. II, Cuddalore to record the statements. On receipt of the requisition, Ex. P. 15, P. W. 12, the Judicial Magistrate No. II, Cuddalore, came to the Government Hospital, Cuddalore and recorded the dying declaration of the deceased between 11. 20 p. m. and 11. 40 p. m. Ex. P. 16 is the said dying declaration recorded by the Magistrate. P. W. 12 further recorded the statement, Ex. P. 17 from the accused, who was also taking treatment in the same hospital for the burn injuries found on his person. Initially a case was registered under Section 307, IPC. Next day on 30. 6. 2000, P. W. 14, the Inspector of Police, Ulundurpet, came to the hospital and recorded the statement, Ex. P. 21, from the deceased. On 04. 7. 2000, the deceased died. On receipt of the death intimation, P. W. 14, altered the crime to one under section 302, IPC. He conducted inquest over the body of the deceased. Ex. P. 23 is the Inquest Report. During the inquest, he questioned the witnesses and recorded their statements. After the inquest was over, he sent the body together with a requisition, Ex. P. 9 to the doctor to conduct autopsy. On receipt of the requisition, Ex. P. 9, P. W. 7, the Civil Assistant Surgeon attached to the Government District Headquarters Hospital, Cuddalore conducted autopsy on the body of the deceased on 05. 7. 2000 at 1. 15 p. m. and found burn injuries. She issued Ex. P. 10, the post-mortem certificate with her opinion that the deceased would appear to have died of burns with septicemia and shock and death would have occurred about 14 to 15 hours prior to post-mortem. The material objects were sent for chemical examination. On 24. 7. 2000 at 1. 00 p. m. , he arrested the accused and remanded him to judicial custody. He questioned the accused and recorded his statement. The further investigation was handed over to his successor-in-office at Ulundurpet Police Station, since P. W. 14 has been transferred to Thirunavalur Police Station. P. W. 15, the Inspector of Police, Ulundurpet Police Station, took up the further investigation in the crime, and on verifying with the investigation conducted by his predecessor-in-office, he filed a chargesheet against the accused on 15. 6. 2000 under section 302, IPC.