K.N. Basha, J. - (1.) The appellant, Chinnadurai who is the sole accused in this case, has come forward with this Appeal challenging his conviction and sentence passed by the learned Judge, Mahila Court, made in S.C. No. 511 of 2001 dated 01.09.2005 convicting the accused under Section 306, I.P.C. and sentencing him to undergo seven years' rigorous imprisonment and to pay a fine of Rs. 10,000/- in default to undergo two years Rigorous Imprisonment.
(2.) The charges against the accused is that on 02.12.2000 at 8.00 p.m. at his house due to a wordy quarrel between the accused and his wife the deceased, Muthulakshmi, the accused consumed alcohol and said to have made a remark that it is better for the deceased to go and die and thereafter the deceased poured kerosene on herself and committed self-immolation.
(3.) The brief facts of the case, as projected by the prosecution for the purpose of disposal of this Appeal, are as follows: (a) The accused was married to the deceased and thereafter living together. At the time of occurrence, the accused was working as Police constable and as such both the accused and the deceased were living in a police quarters. P.W. 1 is the only daughter of the deceased and the accused and she is aged about 29 years. P.W. 1 married one Murugan, P.W. 6, on 04.07.1994 without the consent of her father and mother and they were living at Pappakudi. The marriage of P.W. 1 is a love marriage. (b) On 02.12.2000 at 8.00 p.m., when P.W. 2 who is a woman constable residing opposite to the house of the accused returned back to her house after finishing her work, heard some shouting from the house of the accused. P.W. 2 also stated that the accused told the deceased that "you go and die". It is also stated by P.W. 2 that there were frequent quarrels between the deceased and the accused and the deceased also informed that the accused used to consume alcohol and used to quarrel with her frequently. Therefore P.W. 2 under the impression that this is a usual quarrel and went inside her house and after sometime when she came out after hearing the shouting and found the accused was standing along with 5 persons and the accused also stating that the deceased committed suicide. P.W. 2 at that time came to know that the deceased has committed suicide due to self-immolation, she also found the fire service people putting off the fire at that time. (c) P.W. 1, the daughter of the accused and the deceased stated that on 02.12.2000 at 9.30 p.m. two police officials came to her house and informed her that her mother was seriously ill. Thereafter, she along with her husband went to Papakudi Police Station and from their she telephoned her parental house at police quarters and informed that the deceased died. Thereafter she went and saw the body of her Mother at 1.30 a.m. on 03.12.2000 at Palayam-kottai Government Hospital. P.W. 1 also stated that she has not aware as to how the deceased died. Thereafter she gave the report, Ex.P. 1, to the police. (d) P.W. 10, Sub-Inspector of Police, Pappakudi Police Station received the report, Ex.P. 1, from P.W. 1 on 03.12.2000 at 1.30 a.m. and registered the case in Crime No. 1266 of 2000 under Section 174 of Cr.P.C. Thereafter he has sent the express F.I.R., Ex.P. 3, to the Tahsildar. P.W. 11, Inspector of Police, took up investigation in this case and he held inquest on the dead body of the deceased on 03.12.2000 from 8.00 a.m. to 10.00 a.m. and during inquest he examined some witnesses. Ex.P. 7 is the Inquest Report. He also examined P.Ws. 1 to 6 and recorded their statements. After the inquest, P.W. 11 altered the offence in the altered F.I.R., Ex.P. 4 under Section 306, I.P.C. Thereafter he went to the scene of occurrence and prepared the observation mahazar, Ex. F. 5, and rough sketch, Ex.P. 6. He also recovered M.O. 1, kerosene can and M.O. 2, match box under Ex.P. 8. Thereafter he sent the Material Objects to the Judicial Magistrate Court. On 04.12.2000, he arrested the accused and remanded him to judicial custody. (e) P.W. 12, Inspector of Police, took up further investigation in this case. He examined P.W. 10 and recorded his statement. He also examined the Medical Officer, P.W. 8, and recorded the statement. P.W. 13, Inspector of Police, took up further investigation in this case and he verified the investigation earlier done by the other police officials. After completion of the investigation, P.W. 13, filed the charge sheet, against the accused under Section 306, I.P.C.;