JUDGMENT :

V. Bharathidasan, J.

(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure, 1973, to call for the records pertaining to the impugned order made in S.C.No.66/2012 dated 18.6.2018 on the file of the learned Fast Track Mahila Court, Kanyakumari at Nagercoil, hear the counsel for the appellant/accused, set aside the order passed by the lower court and allow this criminal appeal.)

1. The appellant is the sole accused in S.C.No.66/2012, on the file of the learned Fast Track Mahila Court, Kanyakumari at Nagercoil. He stood charged for the offences, under Sections 498(A), 323, 406, 302 and 201 IPC. The trial Court, found the appellant guilty, for the offences under Sections 302 and 406 IPC, convicted and sentenced him to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for six months, for the offence under Section 302 IPC and sentenced him to undergo rigorous imprisonment for one year, for the offences under Section 406 IPC. Trial Court acquitted the accused in respect of the charges under Sections 498(A), 323 and 201 IPC. Challenging the abovesaid conviction and sentence, the appellant is before this Court, with this appeal.

2. The case of the prosecution, in brief, is as follows:-

The deceased Fathima, is the wife of the appellant. Their marriage took place in the year 2003, during the marriage, the deceased's family has given 40 sovereigns of gold and Rs.2,00,000/- as dowry, apart from other household articles, worth about Rs.2,00,000/-. Out of the wedlock, they got three children. After 5 years of the marriage, quarrel started between the spouses and the appellant suspecting the fidelity of the deceased, used to beat the deceased. On 25.07.2011, at about 08.45 a.m., there was a quarrel, in which, the appellant attacked the deceased, poured kerosene and set fire on her. After hearing noise, neighbours rushed to the deceased's house and took her to one Joseph Hospital, Azhakiamandapam, where PW14, Doctor, has given first aid, then, he referred the deceased to the Government Hospital, Asaripallam, for further treatment. At that time, the deceased has stated to PW14, Doctor, that the appellant/accused attacked her, poured kerosene and set fire on her. PW16 Doctor, admitted the deceased in the Government Medical College Hospital, Asaripallam, Kanyakumari, and issued the accident register(Ex.P4), and the deceased has stated to PW16, that she suffered fire injuries, while preparing hot water in her house. On the very same day, she was taken to one Ananthapuri Hospital at Trivandrum, against the medical advice, where she was admitted and given treatment on 27.07.2011, at about 12.25 p.m., PW20, Judicial Magistrate, Vanjiyoor, Trivandrum, recorded the dying declaration of the deceased(Ex.P7), after following all the legal requirements, after being satisfied that the deceased is conscious and fit state of mind, capable of giving statement. Wherein, the deceased has stated that, on 23.07.2011, there was a quarrel between the husband and wife, in which, the appellant beaten her, she fell down unconscious, later she recovering conscious and found fire over her body. Immediately, the appellant poured water, doused the fire, took her to Joseph Hospital, Azhakiamandapam, thereafter, to Government Hospital, Asaripallam, and she does not know who poured kerosene and set fire on her. However, she has stated that her husband alone was available in the house. PW19, Sub Inspector of Police, working in the respondent police station, on receipt of the intimation, from the Ananthapuri Hospital, Trivandrum, went there and recorded the statement of the deceased and based on that, he registered the FIR in Crime No.724/2011, for the offences under Sections 307 IPC(Ex.P8), on 28.07.2011 at about 08.00 a.m. On receipt of the FIR, PW21, Inspector of Police, commenced the investigation, and went to the scene of occurrence, wherein, he prepared the observation mahazar(Ex.P1), rough s