RAJA VIJAYARAGHAVAN V., J.

1. The appellant, after having found guilty of fratricide, has preferred this appeal challenging the conviction, and sentence.

2. Prosecution case runs thus:-

Ammini Amma is the mother of Sekharan, the accused, and Rajan, the deceased. She was staying with Sekharan and his family in the family house. The deceased Rajan is her elder son and there were pending disputes between her two sons in respect of a pathway lying on the eastern side of the family house, which was being used by deceased Rajan to gain access to his property which was situated about 20 meters towards the north. There were frequent spats between Rajan and Sekharan and it has come out in evidence that both were alcoholics. On 17.2.2009, there arose some dispute in connection with the blowing up of the fuse of a water pump between Rajan and Sekharan and the prosecution alleges that Sekharan kicked Rajan resulting in Rajan falling on the ground. Prosecution further alleges that, in a horrendous act, Sekharan poured petrol on the body of Rajan, who was lying down, and set him ablaze using a cigarette lighter kept by him in his possession. Rajan sustained serious burn injuries and the incident was witnessed by Ammini Amma, the mother and Savithri, the wife of the accused. Ammini Amma attempted her best to douse the flames. Hearing their cries neighbours came to the rescue and Rajan was removed to the General hospital, Ernakulam, in a very serious condition.

3. PW1 the son-in-law of Rajan received information of the incident and after obtaining necessary information about the incident, went to the Mulanthuruthy police station and gave Ext.P1 statement based on which crime was registered by PW9, the Sub Inspector of police on 17.2.2009 at 9.45 p.m. u/s 307 of the IPC.

4. Rajan was initially seen by Dr.Markose Paul Roy, the Assistant Surgeon at the General Hospital, Ernakulam at about 10.25 p.m. on 17.2.2009 and the case sheet was marked as Ext.X1. The cause of the injury was spoken by the injured himself to the Doctor and it was stated that his brother Sekharan had poured petrol on his body and set him ablaze.

5. Sensing the worst after getting a cue from the treating doctor, PW9 the Sub Inspector of police, submitted Ext.P10 application before the Judicial Magistrate of First Class-I, Ernakulam, requesting to initiate steps to record the dying declaration of Rajan, whose condition was critical.

6. PW5, the Judicial Magistrate of First Class-I, Ernakulam, recorded the dying declaration of Rajan after obtaining necessary certification from the doctor and after independently assessing his mental state.

7. On 18.2.2009, the Circle Inspector of police, Piravom who was examined as PW11 took over investigation and Ext.P4 is the scene mahazer prepared by him. He seized MO1 to 6 which were found at the scene. Thereafter, he questioned the witnesses to the occurrence. On 21.2.2009 at 9.30 p.m. he arrested the accused and produced him before the learned Magistrate.

8. The inevitable took place on 24.2.2009, on which day Rajan succumbed to the burn injuries.

9. PW 11 conducted inquest over the dead body of Rajan and he prepared Ext.P5 report. He submitted Ext.P13 report to add S.302 of the IPC. The body of Rajan was sent for autopsy to ascertain the cause of death. PW6, the District police Surgeon attached to the General Hospital, Ernakulam, conducted autopsy and he furnished Ext.P7 certificate. He thereafter, took steps to record the statement u/s 164 of the Cr.P.C of the mother and wife of accused Sekharan. The materials seized from the scene were sent for chemical analysis to the Forensic Science Lab and Ext.P15 is the report of analysis. For a short while, ie, from 29.5.2009, PW10, the Circle Inspector of Piravom, took over investigation and he prepared the forwarding note for sending the materials seized as per Ext.P18 mahazar for chemical analysis. Later, investigation was taken over by PW11, who, after completing the investigation, laid final r