MURUGAN Vs. STATE

JUDGEMENT

(1.) The appellant herein was charged for the offence under Section 302 of IPC (2 counts), since he poured kerosene on one Muniamma and Krishnaveni, who were sleeping in their house on 12.12.2004 at about 12.45 night.

(2.) According to the prosecution, Mohan borrowed jewels from the accused and pledged the same to raise funds to meet out his sister's marriage. Since he did not redeem the jewel, there was a dispute between Mohan family and the accused. While so on 12.12.2004 at about 12.45 p.m., in the night when Muniammal, Dakshinamurthy and Krishnaveni were sleeping in their house, the accused poured kerosene and set fire on them. In the said act, Krishnaveni and Muniammal succumbed to burn injury. Based on the complaint of Muniammal, police has registered First Information Report on 13.12.2004 at about 06.30 a.m. PW.9[Tr.M.Sundaresan], Sub Inspector of Police, Maduravoil, who was on duty at that time, has taken up the investigation, gone to the place of occurrence, recorded the statement of witnesses Dakshinamurthy(PW-1) , Nagavalli(PW-3) and Vadivel(PW-4) and recovered melted plastic can, petrol mixed mud and sample mud. From the evidence of witnesses, the prosecution was able to establish the fact that the accused was living opposite to the house of the victim. On the day of event, the accused fully drunk causing ruckus in front of their house since Mohan brother of Dhakshinamoorthy has borrowed a gold chain from the accused and pledged and did not redeem it. Therefore, there was a wordy quarrel between the accused and Mohan. On that night, Dhakshinamoorthy (PW-1), Krishnaveni(deceased), Muniammal(deceased), Nagavalli[PW.3] and others were sleeping in their house. PW.3[Nagavalli] felt something cold falling on her. When she woke up, she saw the accused pouring something. She also witnessed Muniammal and Krishnaveni were burning in front of her. Vadivel tried to drowse the fire but he failed. The injured persons were taken to Hospital. Later, both Krishnaveni and Muniammal succumbed to burn injury. The post-mortem report of the Doctor and dying declaration of the victims had established the guilt of the accused beyond reasonable doubt.

(3.) The trial Court, therefore held him guilty for offence under Section 304 (ii) of IPC(2 counts). Taking into consideration that at the time of committing the crime the accused was not in normal sense but he was inebriated mood and having held so, the trial Court has sentenced the accused to undergo three years Rigorous Imprisonment for the offence under Section 304(ii) of IPC(2 counts). Aggrieved by the judgment of conviction and sentence passed by the trial Court, the present Criminal Appeal is filed.