VELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) APPELLANT/accused Velu was convicted for offence under Section 302 of Indian penal Code and was sentenced to Life Imprisonment and to pay a fine of rs. 2000/-, in default, to undergo Rigorous imprisonment for six months. Aggrieved by the aforesaid verdict passed by the Trial Court as against the appellant/accused, the present appeal has been preferred.

(2.) ON the side of the prosecution, eleven witnesses were examined and thirteen documents and six material objects were marked. On the side of defence, dr. Ramalingam was examined as DW. 1 and copy of the Accident Register issued by dw. 1 to the deceased Venkattamma was marked as Ex. D1.

(3.) THE sum and substance of the case of the prosecution, as unfolded by the witnesses examined on their side, reads as follows:-Natarajan-PW. 1 is none other than the son of the deceased Venkattamma alias Panjali. The deceased Venkattamma alias Panjali was residing at siriyampatti village. She had a grocery shop adjoining her house. Natarajan-PW. 1, having received a communication about the burn injuries sustained by his mother at about 9 pm on 21. 3. 2007, rushed from Bangalore straight to the Government Hospital, Dharmapuri and reached at about 3. 30 am on 22. 3. 2007. Venkattamma was in a conscious state of mind. PW. 1 enquired her about the incident. She informed him that at about 8 pm on the previous night, the accused Velu, who having perturbed by the refusal of the deceased Venkattamma to part with any money, poured kerosene on her and set fire to her. Thereafter, pw. 1 proceeded to Bangalore to bring his wife and children. Dr. Pandurangan-PW. 7, who was serving in the Government Hospital, Dharmapuri, despatched a communication-Ex. P4 to the learned Judicial Magistrate, Dharmapuri Mr. K. Karunanidhi-PW. 6 for taking steps to record dying declaration. On receipt of such information, PW. 6 rushed to the Government Hospital, Dharmapuri at 8. 30 am on 22. 3. 2007. The Judicial Magistrate, Dharmapuri Mr. K. Karunanidhi-PW. 6 having located the deceased Venkattamma with burn injuries in the Government Hospital, dharmapuri with the assistance of Dr. Pandurangan-PW. 7, ascertained that the deceased Venkattamma was in a conscious state of mind and was fit to give dying declaration. Dr. Pandurangan-PW. 7 certified the conscious and fit state of mind of Venkattamma even before the dying declaration was recorded by PW. 6. The judicial Magistrate-PW. 6 also put certain questions to the said Venkattamma and having ascertained that she was in a conscious and fit state of mind, started recording the dying declaration. The said Venkattamma declared that it was only the accused Velu, who came in an inebriated state, poured kerosene and set fire to her. Dr. Pandurangan-PW. 7 certified immediately after recording of the dying declaration by Judicial Magistrate-PW. 6 that Venkattamma was in a conscious and fit state of mind throughout the proceedings conducted by PW. 6. The proceedings of Dying Declaration recorded by the Judicial Magistrate-PW. 6 was marked as ex. P5. Natarajan-PW. 1 came down from Bangalore along with his family members and found that his mother Venkattamma has passed away. He went to Marandahally police Station at about 5 pm on 23. 3. 2007 and submitted a Complaint-Ex. P1 to the head Constable S. Ramuru-PW. 10 who registered a case in Crime No. 104/2007 under section 302 IPC. He prepared First Information Report-Ex. P8 and despatched the original to the Judicial Magistrate, Palacode and submitted the copies thereof to the higher officials concerned. The Inspector of Police Mr. S. Venugopal-PW. 11, having received the copy of First Information Report registered by PW. 10, rushed to the scene of occurrence at about 5. 30 pm on 23. 3. 2007. He, having inspected the scene of occurrence, prepared Observation mahazar-Ex. P2 in the presence of pw. 5 Panniappan and another. He also prepared Rough Sketch-Ex. P9 reflecting the scene of occurrence. He seized M. Os. 1 to 6 from the scene of occurrence. He also examined the witnesses who were present at the scene of occurrence and recorded their statements. Kullavedi-PW. 2, who was at the temple located close by the shop of the deceased Venkattamma, saw Venkattamma emerging out of her house with burn injuries. Subramani-PW. 3 also made arrangement along with PW. 2 to take venkattamma to the hospital for treatment. On 24. 3. 2007, Inspector Mr. S. Venugopal-PW. 11 proceeded to the Government hospital, Dharmapuri and held inquest in the presence of panchayatars and prepared Inquest Report-Ex. P10. He sent Requisition-Ex. P7 to Dr. Pandurangan-PW. 7 for conducting post-mortem on the dead body of Venkattamma. Dr. Pandurangan-PW. 7 having received the requisition from PW. 11 commenced post-mortem examination at about 12 noon on 24. 3. 2007 on the dead body of venkattamma and found the following: "internal Examination:- Hyoid Bone intact. Both sides ribs normal. Lungs: weight normal on cut section congested. Heart: Weight normal on cut section congested. Chambers full. Carbon particles seen in both Trachea and lungs. Liver: Weight normal on cut section congested. Spleen: Weight normal on cut section congested. Stomach: Contains water about 100 ml. Intestines: Distended with air and fecal matter. Bladder : Empty. Kidney: Both kidney weight normal on c/s congested. Uterus: Weight normal on C/s congested and empty. Skull: Normal. No fracture was seen. Base of the skull: Normal. Brain: Weight normal on C/s congested. " He opined in the Post-mortem Certificate-Ex. P6 that the deceased appeared to have died about 24 hours to 30 hours prior to Autopsy on account of burns and Septicemic shock. Inspector Mr. S. Venugopal-PW. 11 submitted a Requisition-Ex. P11 to the learned Judicial Magistrate, Palacode to despatch the Material Objects recovered and submitted to the Court for chemical examination. The learned Judicial magistrate despatched the Material Objects under Covering letter-Ex. P12. On 24. 4. 2007, accused Velu was arrested and was remanded to judicial custody. Inspector Mr. S. Venugopal-PW. 11 completed the investigation and filed final report as against the accused under Section 302 IPC on 2. 6. 2007.