1. The instant appeal is preferred as against the judgment of conviction for the offence under section 304(I) of IPC. This is a case of Uxoricide and the husband is the appellant was charged for the offence under section 302 of IPC for the killing of his wife.

2. The case of the prosecution is that on 06.04.2013 at about 10.00 p.m., the wife of the Appellant namely Hemalatha was inflicted burned injuries by the Appellant by pouring kerosene upon her. However, the further case of the prosecution is that the Appellant himself had taken his wife to the Hospital and admitted her by 11.00 p.m. itself. Unfortunately as the wife of the appellant sustained 100% burned injuries, the treatment given to her did not resurrect her, but the said Hemalatha was died by 4.00 p.m., on 07.04.2013. In order to prove the case of the prosecution, PW’s 1 to 16 were examined, exhibits P1 to P13 were marked and M.O.s 1 to 4 were marked. By complying with the procedures contemplated under the Code of Criminal Procedure, the case was committed to the file of learned Principal District and Sessions Judge, Tiruvarur. Thereafter, the same was made over to the file of learned Ist Mahila Court, Tiruvarur. Considering the materials, charge under section 302 of IPC was framed as against the Appellant/Accused.

3. PW-1 is the neighbour of the deceased, who infact on the alarm raised by the son of the deceased, she rescued the deceased by the extinguished the fire by using a blanket upon the victim. According to her evidence, she took the victim out of her residence. PW-2 is the minor son of the deceased who deposed that followed by quarrel between his mother and father, his mother was died due to immolation. In his cross examination he deposed that his father only extinguished the fire by using a blanket upon his mother. PW-3 is the mother of the victim who did not make any specific allegation as against the Appellant. PW-4 is the close relative of the deceased who deposed about the quarrel between the appellant and his wife. PW-5 is the person who arranged the marriage between the Appellant and his wife. PW-6 is known person to the Appellant and his wife. PW-7 is the Observation Mahazar (Exhibit P-1) witness and also stood as witness for the recovery of the material objects. PW-8 is the doctor who gave first aid to the victim and who registered the Accident Register and found the victim was suffered with 100% burned injuries. PW-9 is the Scientific Officer who conducted the experiment upon the viscera of the deceased. PW-10 is the confession witness. PW-11 is the doctor who conducted Postmortem. PW-12 is the Special Sub-Inspector of Police, attached with Tiruvarur Police Station, who handed over the First Information Report to the jurisdictional Magistrate. PW-13 is the Head Constable who produced the evidence to the Forensic Lab, Chennai. PW-14 is the Cyber Wing Police Constable, PW-15 is the Head Constable who recorded the complaint statement and thereafter registered the First Information Report in Crime No.197 of 2013 under section 307 of IPC. PW-16 is the Investigation Officer, who conducted the investigation and filed the charge sheet as against the accused.

4. It is the case of the prosecution; according to the learned counsel for the Appellant that the Appellant immolate her wife by pouring kerosene and set it fire. At the time of the occurrence the couples had two sons who are in their tender age. Further the occurrence took place after nearly about 9 years of marriage. The victim herself gave complaint statement with PW-15 and the same was recorded and marked as Exhibit P-8. In the complaint statement, the victim made allegations as against the Appellant as he had illicit intimacy and even on the day of the occurrence (i.e.) 06.04.2013 at about 10.00 p.m., he chatted with some person in an intoxication mood when the same was questioned by the victim, there was a quarrel between them and with an intention to kill the deceased, the Appellant pour