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2009 Supreme(Mad) 1147
High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R. BANUMATHI & THE HONOURABLE MR. JUSTICE RAJA ELANGO
Ramesh
Versus
State rep. by Inspector of Police
Criminal Appeal No.203 of 2007
Decided on: 16-04-2009
For the Appellant:T.K. Sampath Associates, Advocates.
For the Respondent: P. Kumaresan, Addl. Public Prosecutor.
Headnote:
Dying Declaration - Criminal Law - IPC 304 Part (I) - Sec. 300 IPC, Exception 4
Fact of the Case:
The appellant was convicted under IPC 304 Part (I) for setting fire to his wife, leading to her death. The defense claimed it was a case of suicide, while the prosecution relied on the dying declarations of the deceased.
Finding of the Court:
The court found the appellant guilty based on the consistency and voluntariness of the dying declarations, rejecting the defense's suicide theory. The court invoked Exception 4 of Sec. 300 IPC to sustain the conviction.
Issues: The issues revolved around the credibility of the dying declarations, competency of a child witness, and the applicability of Exception 4 of Sec. 300 IPC.
Ratio Decidendi: The court emphasized the importance of scrutinizing dying declarations for consistency and voluntariness. It also highlighted the need for formal examination of child witnesses to determine their competency. The court invoked Exception 4 of Sec. 300 IPC to justify the conviction.
Final Decision: The conviction under IPC 304 Part (I) was confirmed, but the sentence of life imprisonment was modified to 10 years RI, and the fine amount was maintained.
R. Banumathi, J.
1. This appeal arises out of the judgment in S.C.No.13/2006 on the file of Principal Sessions Judge convicting appellant/accused U/s.304 Part (I) IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs.1000/-.
2. Brief facts which led to the conviction of the appellant/acused are as follows:-
Deceased Kavitha is the wife of accused Ramesh and their marriage was arranged marriage solemnised on 14.03.1999. PW2-Sugumar is the brother of deceased Kavitha. Accused and deceased Kavitha were living in the house of PW5-Arumugham at Thiruvottiyur as tenant. Out of wed lock a female child Divya (PW4) was born.
3. On 30.11.2003, PW5 neighbour heard cries and when he came out on hearing noise he saw bright flame from the house of deceased. PWs 3 and 5 rushed to the spot and knocked the door, the door was bolted inside. Accused was also present along with PW4-Baby Divya. PWs3 and 5 broke open the door and went inside. They immediately extinguished the fire by covering a blanket and taken Kavitha to Subham Hospital from where she was taken to Kilpauk Medical College hospital at Chennai.
4. On 30.11.2003, PW8-Dr.Selvakumar, Professor, Plastic Surgery and Burns ward admitted Kavitha. Accused had also sustained burn injuries and PW12 Dr. Angelene Selvaraj treated the accused and Ex.P7 (Ex.P26) is the Wound Certificate.
5. PW19 examined the deceased injured Kavitha. Ex.P28 is the Accident register of Kavitha. On information Pws1 and 2 mother and brother of Kavitha went to hospital and found Kavitha with burns all over from her body.
6. On receipt of information from K.M.C hospital, PW17-Pushparaj, Sub Inspector of Police sent to the hospital and recorded statement of Kavitha (Ex.P21) in the presence of PW8-Dr.Selvakumar. In the said statement, deceased Kavitha stated that accused frequently quarrelling with her and that she was in her mothers house for about 5 months and only 3 months prior to the occurrence after panchayat held, she rejoined her husband. Deceased further stated that on 30.11.203 – 7.00 P.M., there ensued wordy quarrel and accused poured kerosene and set fire to her. On the basis of Ex.P21 statement PW17-Sub Inspector of Police registered a case in Cr.No.2560/2003 u/s.307 IPC under Ex.P22-FIR.
7. PW18-Inspector of Police taken up further investigation and examined witnesses (PWs 1 & 2) and the doctors. PW18 had inspected the scene of occurrence on 012. 2003 and prepared Ex.P1-Observation Mahazar and Rough Sketch and photographs were also taken. MOs1 to 8 seized from the scene of occurrence and they were sent for chemical analysis.
8. At the request of Inspector of Police, PW14-Judicial Magistrate went to K.M.C hospital and recorded Ex.P13-Dying Declaration from Kavitha. Dr. Vijayalakshmi had given certificate to the effect that Kavitha was conscious throughout the time when the statement was recorded. On the midnight of 012. 2003 Kavitha succumbed to burn injuries. On receipt of death intimation Ex.P24 altered the FIR from u/s.307 IPC to one U/s. 302 IPC. On 012. 2003 inquest was held on the body of deceased Kavitha and Ex.P25 is the Inquest Report. After Inquest, body was sent to autopsy.
9. PW12-Dr.Manoharan conducted autopsy on the body of deceased Kavitha and noted the burn injuries:-
"Infected superficial and deep burns over the face, neck, both sides of the chest and abdomen, front of both upper limbs, both thigh, back of both upper limbs 70% burns"
PW12 opined that deceased died due to complication of burns and Ex.P8 is the Post Mortem Certificate.
10. On 012. 2003 at about 05.00 p.m., accused was arrested at K.M.C. Hospital and was subjected to judicial remand. On request from the Inspector of Police, statement of witnesses (PW4-Baby Divya, was recorded by the Judicial Magistrate [PW15] U/s.164 Cr.P.C. On receipt of chemical analysis report and on completion of investigation, charge-sheet was filed against the accused U/s.302 IPC.
11. Defence took the plea that due to frustratio
