VIJAYALAKSHMI Vs. STATE OF MADRAS

JUDGEMENT

(1.) THE Appellant is the accused in S. C. No. 118 of 1997 on the file of Court of Sessions, kamarajar District at Srivilliputhur. In that Session Case, she stands convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-, carrying a default sentence. Heard Mr. Mohideen Basha, learned counsel appearing for the appellant and Mr. K. Chellapandian, learned additional Public Prosecutor appearing for the State.

(2.) IT is an unfortunate case of wife setting fire to her husband after pouring kerosene on him as a result of which he died. The occurrence is shown to have taken place at 12 in the midnight of 7. 5. 1996 (i. e.) the intervening night of 7. 5. 1996 and 8. 5. 1996. The prosecution had examined P. W. 2 as an eye witness. She is the daughter of the deceased and the accused. She would state that her father poured kerosene by himself on him; set fire to him and then rolled. As he wanted water, she and her mother (accused) gave him water and it was night time. She would also state that on hearing her mother's call, she opened her eyes and at that time, she saw her father in flames and that she also saw her father setting fire to himself. Therefore, she was treated as hostile. P. W. 1 is the mother of the deceased. She is not an eye witness to the occurrence. But, however, on coming to know about the incident, she went to P. W. 6's house, who is the mother of P. W. 1. There, she saw her son and her son told her about the occurrence. She took him to the Government hospital at Rajapalayam. The Sub Inspector of Police came to the Hospital and by examining her son, Balakrishnan, since deceased, recorded his statement. Ex. P. 1 is the said statement, in which she had signed. Four days later, her son died in the hospital. P. W. 3, know the accused as well as the deceased. He resides opposite to the house of the accused. He had seen the accused and the deceased often quarrelling. Even on the occurrence day night around 9. 30 p. m. , they were quarrelling and he went to sleep. At 12. 00 in the night, he heard a commotion outside and when he came out found Balakrishnan lying outside his house with burn injuries. Then Balakrishnan, since deceased, stood up and ran towards east. P. W. 4 and P. W. 5, who are neighbours, examined in this case to speak about the occurrence, turned hostile. The evidence of these two witnesses that came to be recorded till they were treated as hostile is of no use either to the prosecution or to the accused.

(3.) P. W. 11, is the casualty medical officer in the Government Hospital at rajapalayam. At 7. 30 a. m. on 8. 5. 1996 balakrishnan, since deceased, appeared before him for treatment of burn injuries sustained by him. He sent Ex. P. 7, intimation to the Police. P. W. 15 is the Head constable in the investigating Police Station. From Rajapalayam South Police Station, he received an information over wireless about the medico legal case of balakrishnan and he reached Rajapalayam south Police Station, where he collected the intimation and then reached the Hospital at 12. 00 noon on 8. 5. 96. By examining Balakrishnan, admitted as an inpatient in the hospital, in the presence of P. W. I and P. W. 11, the doctor, he recorded the statement of Balakrishnan. Ex. P. l is the said statement, signed by balakrishnan and attested by P. W. 1. He got a certificate from P. W. 11 that balakrishnan was fit and in conscious state of mind to give the statement. At 1. 00 pm on that day, he reached the police station and registered the statement of Balakrishnan as Ex. P. 1 in Crime No. 294/96 under Section 307 I. P. C. Ex. P. 15 is the printed F. I. R. He sent Exs. P. 1 and p. 15 to the Judicial Magistrate No. III, at Srivilliputhur. At 2. 00 p. m. on 10. 5. 1996 he came to know from rajapalayam South Police Station that they have received death intimation,. Ex. P. 16 from the Hospital. He proceeded to rajapalayam South Police Station; collected the death intimation at 3. 00p. m. ; came back to his police station and altered the Section of offence into one under 302 I. P. C. Ex. P. 17 is the altered express F. I. R. P. W. 16 is the investigating officer. At about 1. 45 pm on 8. 5. 1996, he received the express records Ex. P. 1 and ex. P. 15 at 2. 15 p. m. On that day he reached the scene of occurrence and prepared Ex. P. 2 the observation Mahazar in the presence of witnesses. Ex. P. 18 is the rough sketch prepared by him. At 2. 45 pm from the scene of occurrence, he recovered M. O. 3-Multi coloured bed cover; a kerosene plastic container with a lid-M. 0. 1 and a match box with matchsticks-M. O. 2 under Ex. P. 3, attested by witnesses. He examined P. Ws 1, 2, 5 and 7 by recording their statements. At 1. 10 pm on 10. 5. 96, he came to know that balakrishnan died in the Hospital and he received the altered F. I. R. Ex. P. 17. The death intimation is Ex. P-16. At 4. 00pm. he went to the Government Hospital at rajapalayam and from 4. 30 pm to 6. 30 pm he conducted inquest over the dead body and prepared Ex. P. 19, the inquest report. On prior information, at 7. 15 am on 11. 5. 1996 he arrested the accused near meenakshi Hospital at Thalavaipuram and examined her in the presence of pw. 14 and another. At that time, the accused gave a confession statement, the admissible portion of which is Ex. P. 13, pursuant to which, M O. 4 came to be recovered under Ex P 14.