MURTHY Vs. STATE REP

JUDGEMENT

(1.) M.Karpagavinayagam, J For having caused the death of his wife by pouring kerosene and setting fire to her, Murthy, the appellant/accused was convicted for the offence under Section 302 I.P.C. and sentenced to undergo life imprisonment. Hence, this appeal.

(2.) The facts, in brief, leading to conviction, are as follows:-

(3.) . Mr. S.E. Victor, learned counsel appearing for the appellant/accused, while assailing the judgment impugned, would contend that there are materials to show that the deceased attempted to commit suicide by pouring kerosene over her body and set fire to herself and during that time, the accused tried to save her and due to that, he also sustained injuries. Ex.P-9 accident register, the first document, which was issued by P.W.8 Doctor who admitted the deceased at the hospital at about 2.10 p.m., would make it clear that the deceased herself told the Doctor that she poured kerosene over herself. As such, no reliance can be placed on the subsequent documents, namely the dying declaration given to the Police as well as to the Judicial Magistrate. Therefore, the accused is entitled to be acquitted.