MURUGAN Vs. STATE

JUDGEMENT

(1.) The appellant is second accused in S.C.No.266 of 2012 on the file of the learned Principal Sessions Judge, Salem. The first accused was one Subramani. They stood charged for offence under Section 302 IPC. By a judgment dated 14.03.2013, the Trial Court convicted the second accused alone under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/- and in default to undergo rigorous imprisonment for six months. The Trial Court acquitted the first accused from the charge. Challenging the said conviction and sentence, the appellant/second accused is before this Court with this appeal.

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

(3.) P.W.1 - the wife of the deceased rushed to the place of occurrence and found the deceased in flames. P.W.1 with the help of others put out the fire and took the deceased to the hospital by engaging 108 Ambulance. The deceased was taken to Salem Government Hospital. D.W.1 admitted him at 1.20 a.m. on 27.07.2011. At that time, the deceased was conscious and oriented. He told the Doctor that four known persons poured kerosene and set fire on him. D.W.1 admitted him as inpatient and gave intimation to the Police. On receiving such intimation, P.W.9, the then Sub-Inspector of Police rushed to the hospital. Since the deceased was unconscious, he recorded the statement of P.W.1. On returning to the Police Station, he registered a case in Crime No.543 of 2011 under Section 307 IPC at 4.00 a.m. on 27.07.2011.