JUDGMENT :

(Prayer: Petition filed under Section 374 (2) of Cr.P.C, to call for the records in S.C.No.158 of 2013 on the file of the learned Sessions Judge, Mahila Court at Coimbatore allow the appeal, set aside the judgment and order of conviction dated 27.05.2015 and acquit the appellant.)

1. The convicted sole accused is the appellant herein.

2. This Criminal Appeal is filed under Section 374(2) Cr.P.C against the judgment of the learned Sessions Judge Mahila Court at Coimbatore dated 27.05.2015 in S.C.No.158 of 2013 finding the appellant guilty for offences under Section 498-A and 306 and convicting and sentencing the appellant under Section 235 (2) Cr.P.C to undergo Rigorous Imprisonment for 7 years and also fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment for offence under Section 306 and further directing the sentences to run concurrently and set off under Section 428 Cr.P.C.

3. The case of the prosecution in brief is that the accused and the deceased are husband and wife and having two children and the accused was doing self business and used to scold his wife now and then and 10 days prior to 22.04.2011, the accused has married as a solemnization second marriage with one Poongodi who is a residing of Kothampadi, Erode District. In this connection, the same was questioned by the wife (deceased sumathi) for which, the accused has uttered filthy language and uttered “TAMIL” (I will get piece only if, you die), and unable to bare the such utterance of words on 22.04.2011 at about 1.30 noon, she committed suicide in the bathroom of her house in Door No.2/38, Kodangipalayam by self-emolution and subsequently, she was admitted on Government Hospital and died on 23.04.2011.

4. The suggestive case of the defence is that the quarrel between the husband and wife are in the normal petulance of the family life and no such allegations or solemnization of any second marriage as projected by the prosecution and 10 days before the incident. In the newspaper, it is published that the deceased (wife sumathi) along with one Appu was remanded in a case under NDPS Act and granted bail wherein, they have not shown as living together in the very same address and that is the cause of the quarrel between the husband and wife and has not stated as projected by the prosecution.

5. The respondent police filed a charge sheet against the accused in Crime No.608 of 2011 alleging that:

(i) On 22.04.2011 when the respondent police was on duty his special Sub-Inspector had received a statement from one Sumathi who was admitted with burn injuries in ward at Coimbatore Government Medical College Hospital.

(ii) As per the statement, the victim Sumathi, was married to the appellant before 15 years from the date of the incident/occurrence. Further from the date of the marriage, the appellant will not be coming home for 10 to 15 days by stating that he is doing silk (sarees) business. When this issues were raised to the accused by his wife (victim Sumathi) the appellant has started harassing and fighting with his wife.

(iii) Later, the deceased Sumathi came to know that the appellant got married with one Poongodi who is a residing of Kothampadi, Erode District as a second wife. While this is so on 22.04.2011 at about 10.00 a.m. When the appellant was in house the victim Sumathi again raised this issue which resulted in a wordy quarrel between them and the appellant had uttered filthy language and had beaten the victim.

(iv) On the same day at about 1.30 p.m the victim Sumathi poured kerosene on her whole body and had lit a matchstick and get herself on fire inside the bathroom by locking the door of her house.

(v) Further one Kathiravan friend of the appellant had rescued the victim and she was admitted in the Coimbatore Government Medical College Hospital in an emergency situation battling for her life after sustaining burn injury behind the body.

(vi) After battling for life, she had succumbed to the burn injuries on 23.04.2011. Hence, the respon