VELLIYANGIRI Vs. STATE

JUDGEMENT

(1.) APPELLANTS 1 and 2 have been convicted of offence under section 302 read with 34 IPC and were sentenced to undergo life imprisonment with fine of Rs.1000/= with usual default sentence. They challenge the judgment of conviction of the Trial Court.

(2.) THE charge is that on 28.3.2004 at about 6.30 pm, A1 and A2 who had some affairs with one Poonkodi decided to do away with the life of Varadarajan as he had not co-operated in bringing Poonkodi to satisfy their lust. On the said day, at the said time, A2 with an intention to cause death of Varadarajan poured petrol over the said Varadarajan and A1, on his part, in furtherance of the common intention, lighted a match stick and threw the same on the said Varadarajan and as a result of which Varadarajan succumbed to the burn injuries at 4.00 am on 31.3.2004 and thereby A1 and A2 committed murder punishable under section 302 read with 34 IPC.

(3.) DR. Manimegalai, PW11 admitted the injured Varadarajan at about 9.00 pm on 28.3.2004 to the Government Hospital, Salem for treatment. She was informed by the injured that at about 6.30 pm on the said day, there was a burst of stove and on account of which, he sustained burn injuries. Varadarajan was found in a conscious state of mind. DR. Manimegalai, PW11 sent intimation to the police (Ex.P10) about the admission of Varadarajan for burn injuries. She also sent a requisition to the learned Judicial Magistrate, K.N. Nagalakshmi Devi, PW7 to record the dying declaration of Varadarajan. PW7 rushed to the Government Hospital at about 10.20 pm on 30.3.2004 immediately on receipt of requisition, Ex.P2 from PW11 and having ascertained about the conscious and fit state of mind of the injured Varadarajan from DR. Varadarajan, CW1, started recording the dying declaration of Varadarajan. The injured Varadarajan has stated before the learned Judicial Magistrate, PW7 as follows:-