KARUPPASAMY Vs. STATE

JUDGEMENT

(1.) The appellant in this appeal is the accused in SC No. 328/91 on the file of the Court of Sessions at Tirunelveli. He was tried for the offence punishable under Section 302, IPC and on being found guilty he was sentenced to undergo life imprisonment. Therefore he is before this Court in this appeal.

(2.) The case of the prosecution, in short, is as follows: (a) Kamalam is the deceased in the case. She is the daughter of P. W.2. P.Ws. 1,5 and 6 are the sons of P.W.2 and incidentally, they are the brothers of Kamalam. The accused is the husband of Kamalam. Even prior to their marriage, on account of their acquaintance, Kamalam conceived. Thereafter their marriage took place. The family of the accused wanted a sum of Rs. 4,000/- to be given at the time of their marriage, which was accordingly provided by P.W.I. Six months after their marriage Kamalam gave birth to a child. The accused had developed illicit intimacy with a lady called Parvathi. Since Kamalam objected to it, there was quarrel between the accused and Kamalam often. Around 10.00 a.m. on 12-9-1990, P.W.2 was in her house. She came to know that her daughter was in flames. Immediately, P.W.2 went to the house ofKamalam. At the time, P.W.2 found some burn injuries above the hip of her daughter. Kamalam was made to rest on the pial of her house. P.Ws. 1 and 5 are masons by profession. On that day, they were working in the house of the brother-in-law of the accused. P.W.2 sent word to them about the incident. Immediately, P.Ws. 1,5, 6 and another went to the house of Kamalam, where they found Kamalam lying on the pial with burn injuries. The accused was also by her side at that time. Kamalam was enquired as to how she came to sustain the burn injuries, for which, she replied that, "she objected to her husband's relation ship with Parvathi; the accused asserted that he would continue to have such relationship. Whenever she objected to her husband's relationship with Parvathi, the accused used to thereaten her stating that he would pour kerosene and set fire to her, she toldher husband that she is prepared even to die for the sake of her husband severing his relationship with Parvathi; immediately the accused picked up a kerosene tin; poured kerosene on her head and set fire to her." P.Ws. 3 and 4 had seen the occurence. A taxi was arranged for and in that taxi, Kamalam was transported to the Government Hospital at Palayamkottai. P.Ws. 1,2 and others accompanied Kamalam to the hospital. (b) P.W. 8 is the Medicial Officer in the Government Hospital at Tirunelveli. At 12.50 p.m. on 12-9-1990, Kamalam was brought before him and he was informed that she had come to sustain the burn injuries at the hands of her husband, while pouring kerosene and setting fire to her. Kamalam was admitted as an in-patient in the hospital. P.W.8 found extensive burn injuries on the person of Kamalam. He sent Ex. P-4 to the police Ex. P-5, is the intimation sent by him to the Magistrate to record the dying declaration of Kamalam. P.W.11 is the Trainee Magistrate, who reached the said hospital at 2.00 p.m. on that day. Doctor Kanchana was by the side of Kamalam at that time. She certified that Kamalam was conscious and oriented to give a statement. He examined Kamalam and recorded her statement. Ex. P-11 is the dying declaration of Kamalam. In Ex. P-11 P.W.12, on receipt, of Ex. P-4/ intimation, went to the hospital; examined Kamalam and recorded a statement from her. The statement so recorded from Kamalam was read over to her and after she affirming the same, her left thumb impression was obtained in it. Ex. P-1 is that complaint. Kamalam had put her left thumb impression. P.W.12, over telephone, sent an intimation regarding the crime to the Investigating Police Station. Accordingly a Head Constable from the Investigating Police Station came to the police out-post; collected Exs. P-1 and P-4 and handed over the same to P.W.13. (c) P.W.15 is the Sub-Inspector of Police. He collected Exs. P-l and P-4 from P.W.13 and registered it in Crime No. 400/90 for the offence punishable under Section 307, IPC He sent the material records to the Court as well as to the higher officials. Ex. P-12 is the FIR. He handed over the material records to the Inspector of Police personally. Despite treatment given to Kamalam she died at about 7.50 p.m. on 15-9-1990. P.W.9 is the Medical Officer who sent Ex. P-6 to the police out-post at Tirunelveli. Ex. P-7 is the case-sheet. On receipt of Ex.P-6 the police out-post at Tirunelveli, passed on that message to the Investigating Police Station over telephone. Ex. P-13 is the death intimation, which was handed over at the Investigating Police Station. At 9.00 p.m. on 12-9-1990, after receiving a copy of Ex. P-12, P.W.17 went to the scene; at 10.00 p.m. on that day, in the presence of P.W.7 and another he prepared Ex.P-2/observation mahazar and Ex.P-17/plan. At 10.30 p.m. on that day from the scene of occurrence. P.W.17 recovered a plastic can containing Kerosene; a match-box and a partly burnt turkey towel (M.Os. 1 to 3) under Ex. P-3 attested by witnesses. P.W.17 examined P.Ws. 1, 2 and 7 and recorded their statements. Further witnesses were examined by him on 13-9-1990 and their statements were recorded. On receipt of the death intimation at 7.50 p.m on 15-9-1990 from P.W.15, P.W.17 altered the section of offence into one under Section 302, IPC and prepared the altered printed FIR. Ex. P-18 is the altered FIR. It was sent to the Court as well as to the higher officials. As death had taken place within 1 years after the marriage of the accused with the deceased /Kamalam, a copy of the FIR was sent to the Revenue Divisional Officer having jurisdiction. P.W.16 is the Revenue Divisional Officer, who on receipt of the copy of the FIR went to the hospital and conducted inquest over the dead body of the deceased between 11.00 a.m. and 1.00 p.m. on 16-9-1990. Ex. P-14 is the inquest report. During inquest, P.W.16 examined P.Ws. 1,5,6 and another and recorded their statements. P.W.17 arrested the accused on 17-9-1990. (d) P.W. 10 is the Assistant Professor of Medicine in the Medical College Hospital at Tirunelveli. On receipt of Ex. P-8/ requisition for conducting post mortem as well as the dead body, P.W.10 commenced post mortem at 3.45 p.m. on 17-9-1990. During post mortem, he found the symptoms as noticed in Ex. P-9/ post mortem certificate. (Since Ex. P-9 is in English, we arenotrestating the contents found therein order to save time). The doctor is of the opinion that the deceased would appear to have died of burn injuries. After post mortem, P.W.14 recovered M.O.4 from the body of the deceased and handed over the same at the police station. The dead body was handed over to the relatives. When P.W.17 arrested the accused on 17-9-1990, the accused gave a voluntary confession statement. On 4-1-1991, P.W.17 examined P.Ws.l to 6 and recorded their statements. On 13-1-1991, he examined P.W.9 and the Head Constable and recorded their statements. He examined P.Ws.8 and 14 on 23-1-1991 and recorded their statements. After completing the investigation. P.W.17 filed the final report against the accused in Court on 15-2-1991 for the offence punishable under Section 302, IPC. When the accused was questioned under Section 313 of the Code of Criminal Procedure on the basis of the incriminating materials made available against him, he denied each and every circumstance put up against him as false and contrary to facts. He denied each and every circumstance put up against him as false and contrary to facts. He denied the evidence of the prosecution witnesses as false. He would state that he was not in the house when the occurrence took place; when he was returning home from work, he found his wife with burn injuries; immediately he rushed her to the Government Hospital; the Investigating Agency is suppressing the truth and the case had been foisted upon time. No witnesses were examined on his side.

(3.) Heard the learned Counsel on either side. P.W.10 is the doctor, who did post mortem on the body of the deceased. Ex. P-9 is the post-mortem certificate. The medical evidence establishes, beyond doubt that the deceased died due to homicidal violence, the deceased is the wife of the accused. The accused admitted that relationship. P.W.2 is the mother of the deceased. P.Ws. 1,5 and 6 are the brothers of the deceased and sons of P.W.2. Kamalam was found to be in flames around 10.00 a.m. on 12-9-1990 in her house. We have two sets of evidence on which the prosecution rely upon. One such set consists of the oral evidence of P.Ws. 1,2,4,5 and 6. Admittedly none of them are eye-witnesses to the occurrence. They have been examined to prove what Kamalam declared, while she was alive and fighting for her life, about her cause of death. To P.W. 1 the deceased is stated to have given a statement, in and by which accordingly. To P.W.I, Kamalam had implicated her husband in the crime. The next set of evidence available, is the evidence of P.W.ll /Trainee Magistrate, who recorded the dying declaration /ExP-11 of the deceased in this case. If these two sets of evidences, either jointly or severally, establish the guilt of the accused, then there cannot be any difficulty in upholding the conviction rendered by the learned sessions Judge.