The dying declaration must be free from influence or tutoring to be relied upon.

N. Sathish Kumar, J.

Originally, the appellant/accused was convicted for the offences u/s. 498(A), 302 IPC and was sentenced as follows:-

Conviction under section	Sentence Awarded
498(A) IPC	sentenced to undergo rigorous imprisonment for ONE YEAR and a fine of Rs.1,000/-, with a default sentence of one month simple imprisonment.
302 IPC	sentenced to undergo imprisonment for LIFE and a fine of Rs.10,000/-, with a default sentence of six months simple imprisonment.

in S.C.No.400 of 2013 on the file of the learned III Additional District and Sessions Judge, Kallakurichi, under judgment dated 05.04.2016. The Trial Court ordered all the sentences to run concurrently and the detention period already undergone by the appellant was ordered to be set off u/s 428 Cr.P.C. Aggrieved over the above conviction and sentences the present appeal came to be filed by the appellant.

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

2. (a) The deceased is the wife of the accused. They married against the wishes of P.W.4 and P.W.5 parents of the deceased. The deceased and accused were residing separately. Out of wedlock a female child (aged about 6 months at the time of occurrence) was born. There were frequent quarrels between the accused and the deceased. The accused used to drive the deceased out of matrimonial home. However, P.W.4 and family members used to pacify them and send them. on 19.10.11 at about 7.30 p.m., P.W.4 received a phone call from the accused stating that the deceased committed self immolation and she was admitted in the hospital. When P.W.4 rushed to the Salem Government Hospital and enquired the deceased, she has informed that when the deceased questioned her in-laws as to why they are calling repeatedly the accused to their house, A3 beat her with broomstick. Thereafter, the accused beat the deceased and poured kerosene on her and set her ablaze. P.Ws.4 and 5 examined by the Revenue Divisional Officer. P.W.12 Sub-Inspector of Police on 11.10.2011, on receipt of the intimation from the Government Hospital, Salem, went to the hospital and examined the deceased who was taking treatment as in-patient and recorded her statement under Ex.P.9 and registered the crime on 12.10.2011 at 6.00 a.m. under Sections 341, 353, 498(A) and 307 I.P.C. and registered F.I.R. under Ex.P.10. P.W.13 Inspector of Police took up the case for investigation and went to the place of occurrence and prepared observation mahazar Ex.P.11 and rough sketch Ex.P.12 in the presence of the witnesses, recorded their statements, arrested the accused in the presence of Village Administrative Officer and recorded his confession. Pursuant to the admissible portion of the confession Ex.P.13, he seized the plastic can with half a litre kerosene under Ex.P.4 Mahazar and sent the accused A1 to A3 to the Judicial Magistrate Court for remand.

2. (b) On 13.10.2011, P.W.13 received the death intimation from the hospital and he has altered the crime to 302 I.P.C. under Ex.P.15 Alteration Report and gave a requisition to the Revenue Divisional Officer to conduct Inquest. P.W.8 R.D.O. in-charge, on 14.10.2011 conducted inquest on the body of the deceased and examined witnesses and recorded their statements and prepared Inquest Report Ex.P.16. In the meanwhile on 11.10.2011 P.W.10 Judicial Magistrate after intimation from the hospital authorities went to the hospital at 8.55p.m., in the presence of medical officer recorded the Dying Declaration and obtained her toe print. The Dying Declaration is Ex.P.7. P.W.11 Medical Officer attached to the Salem Government Hospital at the relevant point of time conducted autopsy over the dead body of the deceased and found the following Ante mortem injuries:

“DERMO- EPIDERMAL BURNS OVER FACE, FRONT AND SIDES AND BACK OF NECK FRONT AND BACK OF CHEST AND UPPER PART OF ABDOMEN, BOTH UP