MAHI ALIAS MAHINDRAN Vs. STATE

JUDGEMENT

(1.) BY the judgment in S.C.No.184 of 2005 dated 9.11.2006, the learned Principal Sessions Judge, Chengalpattu found the sole accused, the appellant herein, guilty of the offence under Section 302 IPC, convicted and sentenced him to undergo life imprisonment and also to pay a fine of Rs.1,000/-, in default of which to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellant is before this Court by way of the present appeal.

(2.) THE appellant (who will be hereinafter referred to as the "accused") was put to face the trial on the following prosecution case:- THE deceased-Shalina was living with her son in a farmhouse of Trueman at Vengambakkam village. THE accused by name Mahi @ Mahindran was also working in the said farmhouse. On the pretext of helping the deceased, he used to visit the house of the deceased frequently and later he used to compel the deceased for sexual intercourse. However, the deceased refused to accede to the desire of the accused. On the fateful day of occurrence i.e., on 10.7.2004 at about 6.00 p.m., the accused entered into the house and compelled the deceased for sexual intercourse. At that time, the deceased was preparing tea. Angered by the non-cooperation and refusal on the part of the deceased, the accused handpicked the stove, poured the kerosene on the deceased and ran away from the scene of occurrence after setting her ablaze. As the deceased sustained severe burn injuries, she was taken to Chromepet Government Hospital by her son, P.W.1 and on their advice, she was admitted in Government Kilpauk Medical College & Hospital at 9.30 p.m., on the same day.

(3.) IN the meanwhile, P.W.11 went to the scene of occurrence and prepared the Observation Mahazar, Ex.P-2 and also drew rough sketch, Ex.P-13 in the presence of P.W.6 and other witness. He examined P.Ws.1,2 and other witnesses and recorded their statements. As he received information from the hospital that the deceased had regained consciousness, he again gave a requisition to P.W.8, the IX Metropolitan Magistrate, Saidapet at 7.40 a.m., on 11.7.2004 for recording the dying declaration of the deceased.