JUDGMENT :

V. BHARATHIDASAN, J.

1. The appellants are A1 and A2 in S.C. No. 267 of 2016, on the file of the learned Sessions Judge (Mahila Court), (Fast Track Mahila Court), Thanjavur. A1 stood charged, for the offence under Section 302 IPC and A2 stood charged, for the offence under Sections 294(b), 302 read with 109 IPC. The trial Court, convicted A1, under Section 302 IPC and sentenced to undergo life imprisonment and also to pay a fine Rs. 5,000/- in default, to undergo one year simple imprisonment and convicted A2, under Section 294 (b) and imposed a fine of Rs. 500/- in default, to undergo one month simple imprisonment. A2 was also convicted, for the offence under Section 302 read with 109 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- in default, to undergo one year simple imprisonment. Now, challenging the conviction and sentence, A1 filed Crl. Appeal (MD) No. 196 of 2020 and A2 filed Crl. Appeal (MD) No. 209 of 2020. Both the appeals were heard together and disposed of by this common judgment.

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

The deceased in this case, one Bodhanai Selvi, is the wife of A1. After marriage, A1 developed illicit intimacy with A2, which was questioned by the deceased and there was a frequent quarrel between the deceased and A1. Despite fervent appeal made by the deceased, A1 failed to snap the tie with A2 and continued to meet her. Prior to the occurrence, both A1 and A2 were found in the A2's house, which was questioned by the deceased, and A1 beaten the deceased. On the date of occurrence i.e. on 10.06.2015, there was a quarrel at about 02.00 p.m. A1 beaten the deceased, in the main road, in front of his house, thereafter, he took her inside, poured kerosene and set fire on her. When the deceased started crying, neighbours came there, doused the fire and took her to the Government Hospital, Orathanadu. After giving first aid, she was referred to Government Medical College Hospital, Thanjavur. PW-19, Doctor, working in the Casualty, admitted the deceased and found that she sustained 100% burn injuries. On receipt of the intimation from the hospital, PW-15, Judicial Magistrate, Thiruvaiyaru, who was in-charge of the Judicial Magistrate-III, Thanjavur, recorded the dying declaration of the deceased, at about 09.40 p.m. wherein, the deceased has given a declaration that it is only A1 poured kerosene, set fire on her, the said dying declaration has been marked as Ex.P7. Thereafter, on the next day, 11.06.2015, PW-14, Sub Inspector of Police, Orathanadu Police Station, on receipt of the information from the Government Medical College Hospital, Thanjavur, recorded the statement of the deceased at hospital, based on that, he registered the FIR at about 06.00 p.m. in Crime No. 279/2015 (Ex.P6), for the offences under Sections 294 (b), 323, 307 read with 109 IPC, sent the same to the concerned Judicial Magistrate Court, copies to the investigating officer and higher officials. On receipt of the FIR, PW-16, the Inspector of Police, Orathanadu Police Station, commenced the investigation, and proceeded to the scene of occurrence, where, he prepared the observation mahazar (Ex.P1), rough sketch (Ex.P8) and recovered a plastic bottle (MO1), match box (MO2) in the presence of witnesses, then, he recorded the statement of witnesses. Thereafter, he proceeded to the hospital, where, he recorded the statement of the deceased. Subsequently, on 13.06.2015, at about 12.10 p.m. the deceased succumb to injuries, hence, he altered the FIR, for the offences, under Sections 294 (b), 323, 302, 307 read with 109 IPC and sent the altered FIR (Ex.P10) to the Court. At about, 01.00 p.m. he conducted inquest on the dead body, in the hospital and prepared inquest report (Ex.P11), then, he sent the body for postmortem autopsy, through a Police Constable. PW-13, Doctor, working in the Medical College Hospital, Thanjavur, conducted postmortem autopsy, given postmortem report (Ex.P4) and