HARIDOSS; JAYA Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No.58 of 2009 on the file of the learned Sessions Judge, Nagapattinam. They stood charged for offence under Section 302 I.P.C. By judgment dated 10.12.2011, the trial Court convicted them for offence under Section 302 I.P.C., and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three years. 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.7, the learned Judicial Magistrate No.2, Chidambaram, on receiving intimation from the hospital rushed to the said Hospital at 5.30 pm on 27.03.2008. One Dr.Siva Kannappan (P.W.6) was attending on the deceased. He gave a certificate that the deceased was fully conscious. The learned Magistrate elicited certain answers from the deceased to her questions and finally, she came to the satisfaction that the deceased was in a fit state of mind to make a dying declaration. Thereafter, she recorded the dying declaration of the deceased. In the said dying declaration, the deceased told that A.1 poured kerosene and A.2 set fire on her and both of them thereafter, poured water and extinguished the fire and then they took her first to the Government Hospital at Sirkali and from where, she was taken to the Raja Muthaiah Medical College and Hospital at Chidambaram. She has further stated that her husband was having drinking habit.