RAJENDRAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/accused against the conviction and sentence passed against him by he learned Additional Sessions Judge, North Arcot at Vellore, dated 26.2.1990 in S.C.No.185 of 1989. The appellant, who hereinafter will be referred to as the accused stood trial for an offence under Sec.302, INDIAN PENAL CODE, 1860 on the allegation that on 22.8.1980 at 11 a.m. at Katpadi Tharapadavedu village, he dowsed his wife Indira with kerosene and set fire on her, due to which Indira died at 4.35 p.m. in the hospital.

(2.) ON a consideration of the evidence placed before him, the learned Additional Sessions Judge, the then North Arcot District at Vellore convicted the accused under Sec.302, INDIAN PENAL CODE, 1860 and sentenced him to undergo imprisonment for life.

(3.) THE learned counsel for the appellant strenuously contended that except the dying declaration Ex.P-4 given to the Judicial Magistrate and the statement Ex.P-14 given to the Head Constable, P.W.14 there is no other evidence to connect the accused with the crime and there are lot of discrepancies between Exs.P-4 and P-14 which itself is sufficient to hold that no reliance can be placed on both Exs.P-4 and P-14. According to the learned counsel for the accused, the dying declaration Ex.P-4 had been given by Indira implicating the accused at the instigation of her father P.W.5. On a careful analysis of the evidence of P.W.5, we find no substance in the above submission. P.W.5 had stated that he is living at Amundi Colony and after hearing his daughter had been admitted in the Government Pentland Hospital, Vellore, he reached the hospital and her daughter Indira informed him she already gave statements to the Judicial Magistrate and the police official. It is therefore clear that P.W.5 went to the hospital much later and by the time the Judicial Magistrate P.W.9, and the Head Constable, P.W.14 have finished recording the dying declaration Ex.P-4 and the statement Ex.P-14. On a careful analysis of Ex.P-14, we are of the view that the same contains several details, which could not have been stated by a person on the verge of death and is not reliable.