RUKUMANI Vs. STATE

JUDGEMENT

(1.) THIS appellant stands convicted for an offence under Section 306 IPC and sentenced to undergo rigorous imprisonment for three years by the learned Additional Sessions Judge, FTC-III, Coimbatore in S.C.No.224 of 2002 dated 19.08.2002. Aggrieved by the said conviction and sentence, this appeal has been preferred by the appellant.

(2.) THE brief facts of the prosecution case is that the deceased Kaliammal aged 14 years was living with the parents at Door No.358, VKK Menon Road, Puduchittapudhur. THE accused was residing in the next house. THEre was some enmity between the accused and the deceased family members. On 18.12.2000 at 1.00 p.m., after the parents of the deceased left the house for the work, the accused came in front of the house of the deceased and said that the deceased was roaming near the bus stand and though she is a small girl, she would bring the boys and also abused. Again on the next day at 8.30 a.m., after the parents of the deceased left home, the accused came and abused her and as witness P.W.5 came there, the accused told her that if she tells lie, she would be ruined. At about 9.00a.m., the deceased poured kerosene and set fire on herself. P.W.4 and P.W.7 took the deceased to the hospital in an auto and she was admitted. P.W.14, is the Doctor who examined her. Ex.P.16 is the Accident Register. P.W.13, the Sub Inspector of Police, Coimbatore Police Station received information from the hospital at 10.00a.m., and went to the hospital and recorded her statement Ex.P.8. It was attested by the Doctor and he came back to the Police Station and registered the case in Crime No.991 of 2000 for an offence under Section 309 IPC and Ex.P.10 is the FIR. On 19.12.2000 at 3.25 p.m., P.W.10, learned Judicial Magistrate on receiving information went to the hospital for recording the dying declaration. He reached the hospital at 3.45 p.m.,. P.W.11 Ravindran certified that the deceased is in a fit state of mind to give confession. To confirm that whether she was in a fit state of mind, P.W.10 put questions and then recorded the dying declaration given by the deceased. Ex.P.4 is the dying declaration. P.W.13 went to the scene of occurrence and prepared Ex.P.11 observation mahazar. On 29.12.2000, the deceased who was under treatment died in the hospital. P.W.12 sent the death intimation to the Inspector of Police. P.W.15, Inspector of Police who received the death intimation altered Section 309 IPC to Section 306 IPC and examined the witnesses. P.W.3 Doctor conducted post mortem examination on 30.12.2000 and issued post mortem certificate Ex.P.1. P.W.15 on completing the investigation laid final report.

(3.) THE learned Government Advocate submitted that the deceased herself had given a statement to the Police which was also recorded from her under Ex.P.12 and the learned Judicial Magistrate also recorded the dying declaration Ex.P.4. THE learned Government Advocate further submitted that Ex.P.8, P.12 and P.14 are the dying declaration of the deceased in which it stated that the deceased had committed suicide only because the accused had abused her.