RAMASAMY Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No.301 of 2012 on the file of the learned Sessions Judge, Mahila Court, Cuddalore. They stood charged for offences under Sections 498A, 294(b) & 302 r/w 34 I.P.C. By judgment dated 04.09.2013, the trial Court convicted them for offence under Sec. 302 r/w 34 I.P.C., alone and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 each in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the accused 1 and 2/appellants are before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) P.W.8, the then Judicial Magistrate No. 2, Virudhachalam, on getting intimation from the hospital, rushed to the hospital at 1.35 p.m., on 24.07.2012. P.W.9 certified that the deceased was conscious. P.W.8 was satisfied that the deceased was in a fit state of mind to make a dying declaration. Thereafter, he recorded the dying declaration of the deceased, vide Ex.P.7. In the said judicial dying declaration, the deceased told that A.1 poured kerosene and A.2 set fire on her.