PONNAMBALAM @ KUMAR Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the Appellant/Sole Accused against the Judgment, dated 23.07.2015, made in S.C.No. 95 of 2013, by the learned Sessions Judge, Mahila Court, Tiruchirappalli, convicting him under Section 302 I.P.C., and sentencing him to undergo imprisonment for life and also to pay a fine of Rs. 1,000/-, and in default, to undergo simple imprisonment for three months.

(2.) The case of the prosecution in brief is that the appellant/accused and the deceased - Revathi are husband and wife. They have been blessed with two children. The appellant/accused, is a person who is suspicious by nature, had suspicion over the conduct of his wife/deceased and tortured her unnecessarily. When such being the position, that on 14.12.2012, in the late evening, the deceased had received a phone call and attended the call. Thereafter, the appellant/accused, feeling suspicious over the conversation of his wife/deceased in the phone call, had quarrelled and tortured her till midnight by scolding in filthy language and also by beating her. On the next day early morning (i.e., 15.12.2012), when the deceased was cleaning the front portion of the house, the appellant/accused came behind her with a bottle containing two liters of petrol, poured it on her and set her ablaze. Thereafter, she was taken to Srirangam Government Hospital by her parents and brother, to Srirangam Hospital where she was initially examined by Dr.Latha, Assistant Surgeon who had treated her and since the victim suffered 30% burn injuries, the victim was referred to the Government Medical College Hospital, Trichy, where she was admitted at 9.45 a.m. on 15.12.2012 as in patient in M.S-2 Ward. On receipt of intimation from Trichy Government Hospital, the Inspector of Police rushed to the Government Medical College Hospital, Trichy and recorded the statement of the victim Revathi on the same day and returned to the Police Station at 5.00 p.m. and registered a case in Crime No. 997 of 2012, against the appellant/accused under Section 307 I.P.C., and sent the copy of the F.I.R. to the Court and the higher officials. However, in spite of the treatment, the victim Revathi died on 12.02.2013, at about 07.30 a.m. Subsequently, the mother of the deceased had lodged a complaint before the respondent-Police about the death of her daughter and thereafter, the respondent Police altered the offence from Section 307 I.P.C. to Section 302 I.P.C., and sent the copies of altered F.I.R. to the Court as well as the higher officials.

(3.) After completion of investigation, the respondent - Police had filed a final report before the learned Judicial Magistrate No.III, Tiruchirappalli, who had taken cognizance of the final report in P.R.C. No. 19 of 2013 and inasmuch as the offence being punishable under Section 302 I.P.C., and being triable exclusively by the Court of Sessions, the learned Judicial Magistrate, after furnishing the copies of the documents relied on by the prosecution side to the appellant/accused under Section 207 Cr.P.C., 1973 had committed the case, under Section 209 Cr.P.C., 1973 to the learned Principal District and Sessions Judge, Tiruchirappalli, who took the same on file in S.C.No. 95 of 2013 and made over the same to the learned Sessions Judge, Mahila Court, Tiruchirappalli/Trial Court, for trial. Subsequently, the Trial Court had framed charges under Section 302 I.P.C., against the appellant/accused and when the appellant/accused was explained and questioned about the charges framed against him, he denied the charges framed against him and sought for trial to contest the case and accordingly, trial was conducted.