Presumption u/s 113B of Evidence Act drawn.

M. Thanikachalam, J.: The accused in S.C.No.56 of 1994 on the file of the Sessions Judge, Nagapattinam, who stand convicted for the offence under Secs.302 I.P.C. and 498-A, I.P.C., are the appellants.

2. The Deputy Superintendent of Police, Nagapattinam, filed a final report before the Sessions Judge, seeking appropriate punishment against the accused under Secs.302 and 498-A, I.P.C, alleging that the accused being the son and mother, with an intention to commit murder of the wife of the first accused, by name Kundhavai, on her failure to meet out the unlawful demand of dowry, causing cruelty, committed murder of Kundhavai, on 20.4.1993 at about 8.00 p.m., in their house, by pouring kerosene over her and setting fire and therefore, they should be dealt with accordingly. The learned trial Judge upon perusing the documents, framed charges against both the accused under Sec.302, I.P.C. as well as Sec.498-A, I.P.C. Both the accused, disputing the allegations in the final report, had denied the charges.

3. The prosecution, in order to expose the guilt of the accused and to bring home the guilt of the son and other,‘had marched in 14 witnesses, seeking aid from 18 documents, as well as 10 material objects.

4. The evaluation of the above materials brought to surface the guilt of the accused, to the satisfaction of the learned Principal Sessions Judge, Nagapattinam and in this view, he found guilty of the charges framed against both the accused. Then questioning the quantum of sentence, as mandated under Criminal Procedure Code, the learned trial Judge slapped life imprisonment for both the accused, for the offence under Sec.302, I.P.C. and two years rigorous imprisonment for the offence under Sec.498-A, I.P.C, ordering the sentence to run concurrently.

5. The case leading to the conviction, as exposed by the prosecution witnesses, in brief, is as follows:

(a) The first accused-Rajasekaran is the son of the second accused, by name Savithri. Thiru Rajamanickam (P.W.1) is the father of Kundhavai and Thangadurai (P.W.2). On 9.2.1992, the first accused married the daughter of P.W.1, Kundhavai. P.W.1 being a lawyer and Ex.M.L.A., celebrated the marriage in a grand manner and also gave 50 sovereigns of jewels, silver vessels and other vessels required for the family.

(b) After the marriage, the first accused and his wife Kundhavai were living at Nagapattinam. At that time, the accused used to demand more jewels, complaining that the jewels brought at the time of marriage are insufficient, which was reported by Kundhavai to his father P.W..1 Thereafter, on 8.12.1992, Kundhavai gave birth to a male child. The first accused, who went to the house of P.W. 1 demanded 8 sovereigns of gold chain, as well as Radar Watch, in the presence of P.W.3 and P.W.4. In addition, the first accused also requested P.W. 1 to send his wife as well as the child immediately, for which, P.W.I said that he will send the mother sand child, after two or three months,

(c) The first accused, aggrieved by the conduct of P.W.I in not sending the child and wife immediately to the house, reported the matter to the relatives of P.W.I, for which there was a panchayat in the house of P.W.3. In the panchayat, P.W.2 questioned the first accused about the complaint to the relatives, for not sending the wife and child, which caused irritation to the first accused, resulting assault by knife, for which no complaint was preferred, in order to save the prestige of the family. Because of this incident, there was no settlement and finally in the month of March 1993, there was another compromise in the house of P.W.1’s sister, where it was decided that the sister of the first accused should take the wife of the first accused and child. In pursuance of the decision, Kundhavai and the child were taken to the house of the accused, which was taken by them on rental basis, from P.W.6.

(d) On 20.4.1993 at about 8.00 p.m., when Kundhavai was watching T.V. in the hall, both the accused beat her, because

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