S. NAGAMUTHU, J.

The appellant is the sole accused in S.C.No.93 of 2010 on the file of he learned II Additional Sessions Judge, Kancheepuram. He stood charged for offence under Section 302 of IPC. By judgment dated 09.11.2011, the trial court convicted him under Section 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for 6 months. Challenging the said conviction and sentence, the appellant is before this Court with his Criminal Appeal.

2. The case of the prosecution in brief is as follows:

(a) The deceased in this case was one Nithya. She was the wife of one Selvamani. Mr. Selvamani's father is the elder brother of the accused. Between these two families, there was a dispute in respect of an ancestral property for quite some time. For the marriage of the sister of Nithya, the accused was not invited. This is stated to be the immediate provocation for the occurrence.

(b) On 15.05.2009, according to the prosecution, around 2.00 p.m., when the deceased was lying at a cot in her house, the accused came there. As a matter of fact, she was so lying at the entrance of her house. The accused was holding an Aluminium Bowl containing boiled vegetable oil. Due to the above motive, she threw boiling oil on the face and all over the body of the deceased and ran away. He had thrown the vessel at the place of occurrence itself.

(c) The occurrence was not witnessed by anybody. P.W.1 and P.W.2 heard the alarm raised by the deceased. When they rushed to the place of occurrence, they found the accused fleeing away from the place of occurrence. Thereafter P.W.2 and others took the deceased to Kilpauk Medical college Hospital. P.W.4 Doctor Baskar examined her at 03.05 p.m. on 15.05.2009. The deceased was then conscious. She told the doctor that a known person had thrown boiled vegetable oil on her. The Doctor found extensive burn injuries on her face, chest, back of chest and both the hands. Ex.P.3 is the Accident Register. She was admitted as inpatient. P.W.4 gave intimation to the police station. The Sub-Inspector of Police, in turn, informed P.W.5 the learned XIX Metropolitan Magistrate, Chennai. The said Magistrate visited the hospital on 15.05.2009 at 10.45 p.m. P.W.10 Doctor Jayakodi was attending on her. P.W.5 recorded a statement purported to be the dying declaration of the deceased. At the end of the said statement, P.W.10 Doctor appended a certificate to the effect that the deceased was conscious and in a fit state of mind throughout the period of statement. The Sub-Inspector of Police P.W.6 rushed to the hospital and recorded the statement of the deceased under Ex.P.6. On returning to the police station at 07.00 p.m., he registered a case in Cr.No.350 of 2009 under Section 307 of IPC. Ex.P.7 is the First Information Report. He forwarded Ex.P.6 and Ex.P.7 to court which were received by the learned Magistrate at 10.50 a.m. on 18.05.2009.

(d) Taking up the case for investigation, P.W.6, the Sub-Inspector of Police, proceeded to the place of occurrence and prepared an Observation Mahazar and a Rough Sketch in the presence of P.W.3 and another witness. Then, he arranged for a Photographer to take photographs at the place of occurrence. He recovered the cot, the Aluminium Vessel and the burnt pieces which had been fallen from the cot. He recovered all the material objects under a Mahazar. On 18.05.2009 at 8.00 a.m., P.W.6 arrested the accused and forwarded him to court for judicial remand. On 07.06.2009, the deceased died succumbing to the injuries. On getting information from the hospital, P.W.12 altered the case into one under Section 302 of IPC. Ex.P.16 is the Alternative Report. Then, on 08.06.2009, he conducted inquest on the body of the deceased and sent the body for postmortem.

(e) P.W.7 Doctor Kuppusamy conducted autopsy on the body of the deceased and found the following injuries:

''Case of 31% scald with infection:- Scald injury with yello