JUDGMENT :

1. This appeal has been filed to set aside the judgment of conviction and sentence dated 14.12.2011 made in S.C.No.106 of 2011 on the file of the Additional District and Sessions Judge, F.T.C, Tirupattur, Vellore District finding the accused guilty for the offence under Section 306 IPC and convicting and sentencing him to undergo 5 years rigorous imprisonment and to pay a fine of Rs.1,000/- and in default to undergo 6 months simple imprisonment.

2. The brief facts of the prosecution case are as follows :-

The victim / deceased / Gomathi is the second wife of the appellant/A1 and A2 / Saraswathi (since acquitted) is the first wife of A1. PW1 / Chandra is a neighbour and relative of the victim / deceased/Gomathi. PW3, PW4 and PW5 are respectively the elder sister, father and mother of the victim / deceased/Gomathi. The appellant got married to the victim / deceased during the year 2002 and after the marriage, the matrimonial home was set up at the house of the appellant at Chinnamottur village. The appellant married the victim / deceased as second wife since his first wife did not bear any child out of the marriage. The victim / deceased after the marriage gave birth to a female child and later she was driven out of matrimonial home and thereafter a family panchayat was convened and the victim deceased returned back to the matrimonial home. The further case of the prosecution is that on 26.07.2005 at 3.00 pm the victim / deceased had administered medicine i.e. gripe water to her child and since she had not properly administered the medicine, the appellant had chided her saying “FHe;ijia fhy; ePl;of; bfhz;L kUe;J Cw;wf;Tlhjh” ; and slapped her and left home and after that at about 5.00 p.m the deceased self immolated herself by pouring kerosene. P.W.10 and P.W.13 who were neighbours rushed to the house of the victim / deceased and took her to Government Hospital, Vaniyampadi. On the same day, P.W.14/Sub Inspector of Police attached to Ambalur Police Station received the intimation from Vaniambadi Town Police Station that the victim / deceased was admitted in Government Hospital at Vaniyambadi and had gone there at 19.30 hours. P,W.14 recorded a statement from the deceased, which became the complaint (Ex.P11) in which P.W.3 / sister of the deceased had signed / attested and P.W.11/ the duty Doctor had also attested that the victim / deceased was concious at the time of giving the statement. The signature of P.W.3 in the statement is Ex.P1, and the attestation made by the Doctor /P.W.11 is Ex.P7. P.W.14 who came to the police station after recording the statement of the deceased registered the FIR in Crime No.328 of 2005 for the offence under Section 309 I.P.C and sent the same to the Court and thereafter proceeded with further investigation. The FIR is Ex.P12. Thereafter at 21.30 hours, P.W.14 went to the place of occurrence and prepared rough sketch / Ex.P13 and observation mahazar/Ex.P3 in the presence of P.W.6 and P.W.7. Further, P.W.14 also recorded the further statement of the deceased under Section 161 Cr.P.C and also examined the witnesses P.W.1, P.W.13, P.W.8, P.W.10, P.W.5, P.W.2, P.W.3, P.W.6 and P.W.7. The statement of the deceased is Ex.P14.

3.On 26.07.2005 at 8.10 p.m., P.W.15 / District Munsif-cum- Judicial Magistrate, Vaniyambadi received the intimation from the hospital to record the dying declaration from the deceased admitted in the hospital at 8.25 p.m. P.W.15 reached the hospital and recorded the dying declaration from the deceased in the presence of duty doctor/P.W.11. The duty doctor/P.W.11 issued certificate Ex.P8 that the deceased was in conscious state of mind. The dying declaration recorded by P.W.15/ the Judicial Magistrate is Ex.P16.

4. On 27.07.2005, P.W.14 received the death intimation Ex.P10 that Gomathi died on 27.07.2005 at 1.00am and then at 6.00am he received the complaint Ex.P2 from P.W.4 / father of the victim /deceased and then altered the F.I.R in Crime No.328 of 2005 from the offence u