JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. seeking to set aside the conviction and sentence imposed on the appellant vide judgment dated 05.08.2010 in S.C. No.304 of 2009 on the file of the Additional District and Sessions Court-cum-Fast Track Court, Tirupattur, Vellore District.)

1. This Criminal Appeal has been preferred seeking to set aside the conviction and sentence imposed on the accused vide judgment dated 05.08.2010 in S.C. No.304 of 2009 on the file of the Additional District and Sessions Court-cum-Fast Track Court, Tirupattur, Vellore District.

2. For the sake of convenience, the deceased, viz., Saritha and the accused, viz., Vinayagam, will be referred to by their name.

3. The case of the prosecution is as under:

3.1 The incident in this case occurred on 14.02.2009. Two years prior to the date of occurrence, Saritha got married to Vinayagam and theirs was a love marriage. They were living in Ilayanagaram. Vinayagam was working as Painter in Madurai and would go for work daily. Suspecting his wife's fidelity, he would pick quarrels with her frequently and assault her.

3.2 On the fateful day, viz., 14.02.2009, at 8.30 p.m., it is alleged that he doused her with kerosene and set her ablaze. Saritha was in flames and unable to bear the pain, she rushed out of her house and came to the street and the same was witnessed by her neighbours, viz., Gnanam (P.W.4), Maheswari (P.W.5), Rohini (P.W.6) and Govindasamy (P.W.7). Venkatesan (P.W.8) informed Saritha's brother Umapathy (P.W.1), who was living nearby and he immediately rushed her to the hospital at Vaniyambadi by an auto rickshaw, where, she was admitted as in-patient. On intimation by the hospital authorities, Chennaiyan (P.W.16), Sub Inspector of Police, went there and recorded the statement of Saritha, based on which, he registered a case in Cr. No.214 of 2009 on 15.02.2009 under Section 307 IPC against Vinayagam and prepared the printed FIR. The complaint and the FIR reached the jurisdictional Magistrate on 16.02.2009 at 12.30 p.m.

3.3 The investigation of the case was taken over by Vincent Paul, Inspector of Police (P.W.17). In the meantime, a requisition was given to Mr. A. Murugan, Judicial Magistrate (P.W.12), to record the dying declaration of Saritha and accordingly, he came to the hospital on 15.02.2009 at 12.15 a.m. and recorded her dying declaration in the presence of the Assistant Surgeon, Vaniyambadi, who certified to the mental fitness of Saritha, to give statement.

3.4 Vincent Paul (P.W.17) went to the place of occurrence and prepared the observation mahazar (Ex.P.1) and the rough sketch (Ex.P.20). At the place of occurrence, he seized a ten-litre kerosene can (M.O.1), matchbox (M.O.2) under the cover of mahazar (Ex.P.2) in the presence of Lakshmanan (P.W.9) and Sathyaraj (not examined). He recorded the statements of witnesses, viz., Umapathy (P.W.1), Loganathan (P.W.3), Gnanam (P.W.4), Maheswari (P.W.5), Rohini (P.W.6), Govindasamy (P.W.7), Venkatesan (P.W.8), Lakshmanan (P.W.9) and Sathyaraj (not examined). On 17.02.2009, he received intimation from the hospital that Saritha succumbed to the injuries and therefore, he filed an alteration report (Ex.P.21) altering the case from Section 307 IPC Chellapandiyan, Head Constable for postmortem. He recorded the further statement of the witnesses and arranged to have the statements of some of the important witnesses, including Loganathan (P.W.3), by a Magistrate under Section 164 Cr.P.C. Vinayagam surrendered before the Judicial Magistrate, Ambur, on 18.02.2009 and on intimation, the Investigating Officer made the necessary application to arrest him and take him into custody. On 26.02.2009, he took Vinayagam into police custody and on the disclosure made by Vinayagam, a dark colour pant (M.O.3) and a checked half sleeve shirt (M.O.4) were seized under the cover of mahazar (Ex.P.4) on 26.02.2009 in the presence of Mayilainathan, Village Administrative Officer (P.W.10) and Selvi, Village Adm