JUDGMENT :

R. PONGIAPPAN, J.

1. The present Criminal Appeal has been filed to set aside the judgment of conviction and sentence dated 09.10.2013, passed in S.C. No. 6 of 2011 by the learned Sessions Judge, Magalir Neethimandram, (Mahila Court), Coimbatore.

2. The appellant herein is the sole accused in S.C. No. 6 of 2011 on the file of the learned Sessions Judge, Mahila Court, Coimbatore. He stood charged for the offences under Sections 498A and 306 of IPC. By judgment dated 09.10.2013, the trial Court convicted the appellant under Section 498A of IPC and sentenced him to undergo one year rigorous imprisonment and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for one month. Further he was convicted for the offence under Section 306 of IPC and sentenced to undergo seven years of rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for three months. Challenging the said conviction and sentence the appellant is before this Court with this appeal.

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

(i) The deceased Rani is the wife of the appellant. Further, she is the adopted daughter of PW-1 Ammasai. After the marriage between the deceased and the accused, both of them were residing in the same roof, which belongs to PW-1. The accused often came to his house in a drunken mood and ill treated the deceased, by suspecting her chastity. Prior to two months from the date of occurrence, the deceased is suffering from some mental illness. On the date of occurrence, when at the time, PW-1 returned to his house, the deceased was wandering around setting herself on fire. But at the same time, in front of his house the accused was cleaning his motorcycle. Only at the instance of PW-1, he put water on the deceased to set off the fire. After the said incident, the deceased was brought to the Government Hospital, Coimbatore, in which she was admitted as inpatient. PW-3 Dr. Raghuramaiah admitted the deceased in the hospital on 30.03.2010 at about 7.00 p.m. and he has informed the said occurrence to the Police Station as well as the learned Judicial Magistrate No. I, Coimbatore.

(ii) On receipt of the information, PW-6 Mrs. Parameswari, the then learned Judicial Magistrate-I, Coimbatore rushed to the Government Hospital, Coimbatore and recorded the dying declaration given by the deceased in the presence of PW-2 Dr. Narayanasamy, attached with the Government Hospital, Coimbatore. After recording the dying declaration, the learned Magistrate obtained left leg finger impression due to the reason that her thumb impression is not available. Further in respect of recording dying declaration, PW-2 Dr. Narayanasamy gave certificate that the deceased was in conscious and having the mental fitness, for giving dying declaration.

(iii) In the mean while, PW-9, Ananthalakshmi, the then Sub Inspector of Police, All Women Police Station, Perur, on intimation from the out post police at Coimbatore Government Hospital, rushed to the Government Hospital, Coimbatore and recorded the oral statement given by the deceased Rani. Upon the statement given by the said Rani, she registered a case in Crime No. 17 of 2010 for the offences under Section 309 r/w 498A of IPC. The printed FIR was marked as Ex.P.9 and the statement given by the deceased Rani was marked as Ex.P.11.

(iv) After the preparation of FIR, PW-9 visited the scene of occurrence and in the presence of PW-5, Chinnasamy, she prepared the observation Mahazar under Ex.P.4 and had drawn the rough sketch under Ex.P.10. She also seized one kerosene cane, match box and one nighty in burned condition through seizure mahazar, which has been marked as Ex.P.5. The recovered materials are marked as M.O.1 to M.O.3. She also arrested the accused and sent him for judicial custody. Further, she received the death intimation from the Government Hospital and then, she altered the Sections of law from 309 r/w 498A of IPC to Sections 306 and 498A of IPC. Th