- (1.)This Criminal Appeal has been filed against the Judgment and Order, dtd. 28/11/2014 passed in S.C. No.83 of 2014 on the file of the learned Sessions Judge, Mahila Court (FTMC) Erode, convicting and sentencing the Appellant in the following manner: JUDGEMENT_147_LAWS(MAD)3_2023_1.jpg Out of the total Fine amount of Rs.52,000,.00 the Trial Court directed the same to be paid as Compensation to the Parents of the deceased and each should receive Rs.26,000.00 under Sec. 357(1)(b) of the Cr.P.C. The above sentences were directed to run concurrently and the period already undergone by the Appellant was directed to be set off under Sec. 428 of the Cr.P.C.
(2.)The case of the Prosecution is as hereunder:
(i) On 27/6/2013 at about 7 p.m., one Naveena, aged about 18 years, was standing outside her house to buy milk. While so, the Appellant was said to have harassed her stating that she must come to him and do what he would say. The Appellant also threatened Naveena with dire consequences if she did not listen to him. That apart, the Appellant was said to have made calls to her Cellphone and sent messages and as a result, Naveena was subjected to mental agony and she set herself on fire after pouring Kerosene at about 8.30 p.m;

(ii) Naveena was taken to the Government Hospital at Gobichetipalayam around 9.40 p.m. by 108 Ambulance. PW7 was the Doctor, to whom Naveena was brought for treatment by her father - PW1. PW7 found that Naveena had suffered nearly 80% burns. He prepared the accident register, which was marked as Ex.P4 and through Ex.P5, the information was sent to the Sub-Inspector of Police, Gobi Police Station. He advised Naveena to be taken to Coimbatore Medical College and Hospital, Coimbatore for further treatment;

(iii) Naveena was taken to the Coimbatore Medical College and Hospital, Coimbatore at about 1.40 a.m. on 28/6/2013 where PW8 - the Doctor, who attended Naveena, found that she suffered 80-85% burn injuries. Hence, PW8 sent an information to the Judicial Magistrate concerned on 28/6/2013 at 6.30 a.m., for recording Dying Declaration. The Note that was sent by PW8 was marked as Ex.P6;

(iv) On receipt of the information from PW8, the Judicial Magistrate No.7, Coimbatore - PW6 reached the Government Hospital at about 6.40 a.m. PW8 took the Magistrate to Naveena and around 6.45 a.m, PW6 started recording the Dying Declaration of Naveena. Before the Dying Declaration was recorded by PW6, PW8 certified that Naveena was in a fit State of mind to give a statement and this Certificate was marked as Ex.P7; (v) The Dying Declaration recorded by PW6 was marked as Ex.P3 wherein the relevant portion reads as hereunder:

...[VERNACULAR TEXT OMITTED]...

(vi) PW8 further certified that Naveena was conscious and oriented through out the period of recording the Dying Declaration. This certification was marked as Ex.P8;

(vii) Based on Ex.P5 - information, the Special Sub-Inspector of Police viz. PW12 arrived at the Coimbatore Medical College and Hospital, Coimbatore at about 1.30 p.m. on 28/6/2013. He recorded the statement of Naveena and the same was marked as Ex.P12. Based on this statement, a First Information Report-Ex.P13 came to be registered in Cr. No.183 of 2013 on the file of the Respondent-Police at about 5.30 p.m. on 28/6/2013;

(viii) PW12 took up the investigation, went to the scene of Crime and prepared the Observation Mahazar marked as Ex.P1 and the Rough Sketch marked as Ex.P14. He also recorded the statements of Witnesses under Sec. 161(3) of the Criminal Procedure Code (for short, the Cr.P.C.). Once again, PW12 went to the Coimbatore Medical College and Hospital, Coimbatore and recorded the statement of Naveena. On 29/6/2013 at about 10 a.m., the Appellant was arrested, produced before the Court concerned and remanded to Judicial custody. He received an information on 1/7/2013 to the effect that Naveena died at about 8.10 p.m.

(ix) Ex.P15 is the death intimation marked through PW13, who subsequently took up the investigation from PW12;

(x) PW13, after taking up the investigation, prepared the Alteration Report marked as Ex.P16 and altered the offence by adding Sec. 306 of the Indian Penal Code (for brevity, the Code). Thereafter, PW13 went to the Coimbatore Government College and Hospital and conducted inquest over the body of the deceased in the presence of Panchayatdhars.

The Inquest Report was marked as Ex.P17. He also recorded the statements of Witnesses under Sec. 161(3) of the Cr.P.C. Thereafter, the dead body was forwarded for Post-mortem;

(xi) The Post-mortem was conducted by PW10. The Post-mortem Certificate was marked through PW10 as Ex.P10, in which, the following ante mortem injuries were noted all over the body of the deceased:

"- Dermo-epidermal burns involving neck, entire chest, both palms, both lower limbs, back of chest and abdomen.

- Partial singeing noted over axillary hairs.

- Degloving of skin noted over both palms.

- The base of burnt area is reddish in colour. Infected areas covered with yellow colour slough material."

(xii) PW10 gave a Final Opinion to the effect that the deceased would appear to have died of burns and its complications;

(xiii) PW13 completed the investigation and filed a Final Report on 27/10/2013 before the Judicial Magistrate No.2, Gobichettipalayam. The learned Magistrate served copies on the Appellant under Sec. 207 of the Cr.P.C. and the matter was committed and made over to the Sessions Judge, Mahila Court (FTMC), Erode;

(xiv) The Trial Court framed charges against the Appellant for the offences (i) under Sec. 12 of the Protection of Children from Sexual Offences Act, 2012; (ii) under Ss. 506(ii) and 509 of the Code; and

(iii) Sec. 4-B(2) of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. The prosecution examined PW1 to PW13 and marked Ex.P1 to Ex.P18 and identified and marked MO1 and MO2;

(xv) The incriminating evidence collected during the course of trial was put to the Appellant when he was questioned under Sec. 313(1)(b) of the Cr.P.C. and he denied the same as false. The Trial Court, on considering the facts and circumstances of the case and after appreciating the oral and documentary evidence, came to the conclusion that the prosecution has proved the case beyond reasonable doubts and consequently convicted and sentenced the Appellant in the manner stated supra. Aggrieved by the same, the above Criminal Appeal has been filed before this Court.

(3.)I have heard the learned Counsel appearing for the Appellant and the learned Government Advocate appearing for the State.