MAHALINGAM Vs. STATE

JUDGEMENT

(1.) A1 and A2 in S. C. No. 60 of 2002 are the appellants. A1 was convicted for an offence under section 302 IPC and sentenced to undergo life imprisonment and A2 was convicted for an offence under Section 302 read with 34 IPC and sentenced to undergo life imprisonment and both of them were directed to pay a fine of rs. 500/- each, in default to undergo one month rigorous imprisonment by the fast Track Court No. II , Gobichettipalayam. Challenging the same, this appeal has been filed.

(2.) THE facts leading to the conviction are as follows:- (a) THE deceased ( Parameswaran )is the brother of P. W. 1. THE accused, P. W. 1 and the deceased are residents of Goundanputhur Village. P. W. 10, Radha , the daughter of A1, eloped with the deceased in 1997 and on a complaint given by A1, the girl was rescued and in that case, after completing trial, it was posted for orders on 06. 08. 2001. After 1997, the family of A1 and P. W. 1 were not in cordial terms. THE deceased and P. W. 2 were friends and were cultivating together a land. (b) In that background, A1 and A2 joined together and on 3. 08. 2001 at about 10. 15 PM, when Parameswaran was coming from the house of P. W. 2, followed by P. Ws. 1 to 3, he was intercepted by a2 and enquired the said case and the deceased replied. Suddenly, A2 caught hold of the hands of Parameswaran and A1 poured kerosene, from a bottle which he was carrying, and set him on fire. He raised alarm and the accused ran away from the scene. P. Ws. 1 to 3 witnessed the occurrence and they put out the fire by using coconut and plantain stem. THE injured was admitted in Government Hospital , Gobi at about 11. 45 PM. (c) P. W. 20 Duty Doctor sent an intimation to Police as well as P. W. 19, Judicial Magistrate-II, Gobi. On receipt of intimation Ex. P-13 at 00. 45 hours on 4. 08. 2001, P. W. 16, Head Constable came to the hospital and recorded a statement, Ex. P-14 from the said Parameswaran and he registered a case in Crime No. 425 of 2001 for an offence under Section 307 IPC and sent the copy of first information report Ex. P-15 to higher officials. (d) On receipt of intimation Ex. P-16, P. W. 19 Judicial magistrate No. II , Gobi came to the hospital and recorded a dying declaration Ex. P-17 from the said Parameswaran. As per Ex. P-17, the deceased told the magistrate that the accused poured kerosene and set fire on him. (e) After getting Ex. P-15, the Inspector of Police, p. W. 23 came to the scene of occurrence and prepared observation mahazar Ex. P-1. He went to the hospital and after getting death intimation, he altered the offence into one under Section 302 IPC. He recovered M. Os. 1 to 6 and held inquest over the body of deceased in the presence of witnesses. He sent the body for post mortem. (f) P. W. 21 Dr. Krishnakumari conducted post-mortem and issued Ex. P-24 post-mortem certificate, giving opinion that the deceased would appear to have died of 90% burn injuries. (g) On 04. 08. 2001, while P. W. 9 Village Administrative officer was in his office, both the accused came and informed him about the setting up of fire on the deceased. He recorded the extra judicial confession, attested by P. W. 17 and they were produced before the Inspector of police P. W. 23 with his report Ex. P-5. Ex. P-4 is the confession statement given by A2. After receiving the same, P. W. 23 arrested the accused. He sent the material objects for chemical examination under Ex. P-25 and Ex. P-27 is the report of Chemical analyst. Ultimately, after completion of the investigation, the charge sheet was filed against the accused under Section 302 I. P. C. (h) During the course of trial, on the side of prosecution, P. Ws. 1 to 23 were examined; Exs. P-1 to p-33 were filed and M. Os. 1 to 10 were marked. (i ) THE plea of the accused, while they were questioned under Section 313 of Cr. P. C. , is one of denial. No evidence was adduced on the side of defence and Ex. D-1 was marked. (j) THE trial Court relied upon the evidence adduced by the prosecution and convicted A1 for the offence under Section 302 IPC and convicted A2 for the offence under Section 302 read with 34 IPC and sentenced them as aforesaid. Aggrieved by the said conviction and sentence, the accused have filed this appeal.

(3.) TRUE it is that there are three statements made by the deceased on various points of time. They are Exs. P-14, P-17 and P-19.