JUDGMENT :

V. BHARATHIDASAN, J.

1. The appellant is the sole accused in S.C. No. 29 of 2014, on the file of the Fast Track Mahila Court, Ramanathapuram, who stood charged and convicted for the offence under Section 302 I.P.C. and sentenced to undergo Life Imprisonment and to pay a fine of Rs. 1,00,000/- in default, to undergo one year Rigorous Imprisonment and out of Rs. 1,00,000/- Rs. 49,500/- each was directed to be paid to the children of the deceased and the remaining amount of Rs. 1,000/- was directed to be paid as fine to the Government. Challenging the aforesaid conviction and sentence, the appellant is before this Court with this Criminal Appeal.

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

The deceased Kavitha is the daughter of PWs. 1 and 2 and wife of PW-3 and sister of PW-17. There was a civil dispute between the deceased family and accused family. On 09.09.2013, at about 9.00 p.m. the accused and his family members were trying to set fire to the deceased house and the accused also poured kerosene and set fire on the deceased. Immediately, she was taken to the Government Hospital, Ramanathapuram and after giving first aid, she was shifted to Government Hospital, Karaikudi. Subsequently, she was shifted to Government Rajaji Hospital, Madurai, on 11.09.2009 and was given treatment. On 12.09.2009, at 11.00 p.m. the deceased succumbed to the injuries.

3. PW-15, Sub-Inspector of Police of the respondent Police Station, recorded the statement of the deceased at about 8.00 p.m. on 10.09.2013, at Karaikudi Government Hospital. Based on the same, he registered a case in Crime No. 122 of 2013, under Section 307 I.P.C. and sent the original F.I.R. (Ex.P.13) to the Judicial Magistrate, Thiruvadanai and copies to the higher officials and also sent a copy to PW-21, Inspector of Police, for investigation.

4. PW-21, Inspector of Police, on receipt of the F.I.R. commenced the investigation and on 11.09.2013, at about 6.00 p.m. he visited scene of occurrence and prepared Observation Mahazar (Ex.P.17) and Rough Sketch (Ex.P.16) in the presence of witnesses. Then, he examined the witnesses and recorded their statements. After the deceased succumbed to the injuries, he altered the offence to 302 I.P.C. and sent the alteration report (Ex.P.18) to the Judicial Magistrate Court. On 13.09.2013, at about 8.00 a.m., he conducted inquest on the dead body in the presence of panchayatars. Thereafter, he sent the body for postmortem through PW- 14, Head Constable.

5. PW-19, Doctor, working as Assistant Professor in the Government Medical College, Madurai, conducted autopsy on the dead body on 13.09.2013 at 11.00 p.m. and given the postmortem report (Ex.P.15) and he was of the opinion, the deceased would appear to have died of extensive superficial burns of about 90% and its complications thereof.

6. Thereafter, PW-21, arrested the accused on 15.09.2013, at about 6.00 a.m. and he voluntarily came forward to give his confession, based on the admissible portion of the confessional statement, PW-21 recovered M.O.1 - 5 litre kerosene can and M.O.2 - match box with match sticks and sent the material objects to Judicial Magistrate Court under Form 95 and remanded the accused to judicial custody. Thereafter, he examined the postmortem doctor and other witnesses and recorded their statements and after completing the investigation, filed the final report on 27.12.2013 for the offences under Section 302 I.P.C.

7. Considering the above materials, the trial Court framed charge as stated above and the accused denied the same as false. In order to prove its case, the prosecution examined as many as 21 witnesses, marked 24 documents and also produced 2 material objects.

8. Out of the witnesses examined, PW-1 is the mother of the deceased. According to her, there was a civil dispute between the deceased family and the accused family and on the date of occurrence i.e. on 09.09.2013, at about 9.00 p.m. there was a quarrel between them and the accused poured kerosene