JUDGMENT :

M.M.Sundresh, J.

Challenge in this appeal is to the conviction and sentence rendered by the Sessions Judge, Magalir Neethimandram, Chennai, on 24.04.2017 in S.C.No.45 of 2014 to undergo life imprisonment for the offence committed under Section 302 IPC and to pay a fine of Rs,5000/- in default to undergo further period of six months rigorous imprisonment while the accused was acquitted under Section 235(1) Cr.P.C. for the offences punishable under Sections 506(ii) and 342 IPC.

2. Facts in Brief:

2.1. The appellant was in relationship with P.W.1-Balgisbanu, the mother of the deceased. He was made to reside at the nearby room to the residence of P.W.1. Through him, an arrangement was made for the marriage of her daughter, the deceased Nymun Nisha. The deceased did not want to go through with the marriage after the date was fixed. Enranged over the same, the appellant beat the deceased with the belt. This was questioned by P.W.1. The appellant threatened P.W.1 that if the marriage is not conducted with the person arranged by him as against any third party, the deceased would be poured with Kerosene. Thereafter, he picked up the quarrel with the deceased on 09.03.2013 at about 2.20.p.m. At that time, when the deceased tried to go out, the appellant poured Kerosene from the 5 litres can on the deceased, set fire and caused death. Immediately she was taken to the Kilpauk Medical College Hospital, Chennai, where she died on 11.03.2013 at about 11.15a.m

2.2. P.W.11-Mariadoss, the Sub Inspector of Police, received the intimation from the Kilpauk Medical College Hospital, Chennai, and obtained statement from the deceased under Ex.P1-complaint. He registered a case in Crime No.238 of 2013 of H6 R.K.Nagar Police Station for the offence punishable under Sections 506(ii), 341 and 302 IPC. An intimation was given to P.W.6-XIV Metropolitan Magistrate, Chennai, under Ex.P14. The registration of the First Information Report was marked as Ex.P10 and the investigation was done at about 11.00p.m., on 09.03.2013. Thereafter, P.W.16-Inspector of Police, who was the Investigation Officer, took over the investigation. The deceased gave a dying declaration before P.W.6 at about 8.20p.m., on the same day. It is the statement of the deceased that Kerosene was poured by the appellant. The process was completed at about 9.30p.m., Ex.P4 is the requisition letter given by P.W.11 and the dying declaration was marked as Ex.P5. The declaration was also certified by P.W.12-Doctor by name Dr.Sankari, Assistant Professor, Government Kilpauk Medical College Hospital, Chennai, who treated the deceased, to the effect that she was conscious and in fit state of mind.

2.3. Thereafter, P.W.16 arrested the appellant on 10.03.2013 at about 1.15p.m. Though he had stated about M.Os.1 and 2 the plastic can and match box respectively in his confession statement, the observation mahazar prepared on 10.03.2013 at about 6.00a.m., makes a mention of it. P.W.16 also prepared seizure mahazar following the observation mahazar under Ex.P3. The body was sent to P.W.10, who gave the post mortem report dated 12.03.2013 to P.W.8 followed by Chemical Analysis Report-Ex.P8. The deceased died on 11.03.2013 at about 11.15a.m., and thereafter, alteration report was made ready under Ex.P17 and Ex.P18 is the Inquest Report.

2.4. The trial Court, after framing charges, questioned the appellant with the incriminating materials under Section 313 of the Criminal Procedure Code, who denied it by a mere refusal. Thereafter, the trial proceeded with 16 witnesses on behalf of the prosecution, who also marked Exs.P1 to P18 along with M.Os.1 to 3. The appellant did not choose to either examine the witness nor marked any document.

2.5. After hearing the prosecution and the defence, the trial Court found that the motive has been established coupled with the dying declaration and the evidence of P.Ws.1 to 4 and 6 and came to the conclusion that the appellant has committed an offence punishable under Sectio