The main legal point established in the judgment is the principle of benefit of doubt, where inconsistencies in evidence and the possibility of tutoring the deceased led to the acquittal of the accused.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. against the judgment of conviction and sentence passed by the Fast Track Mahila Court, Theni, made in S.C.No.173 of 2017 dated 12.02.2020.)

R. Subramanian, J.

1. This appeal has been filed by the appellant / sole accused as against the conviction and sentence, dated 12.02.2020, made in S.C.No.464 of 2015, by the Fast Track Mahila Court, Theni.

2. The appellant / sole accused stood convicted and sentenced to undergo imprisonment as detailed hereunder:

(All the sentences were directed to run concurrently.)

3. The brief facts of the prosecution is as follows:

(i) The accused is the husband of the deceased. P.W.1 is the mother of the deceased. P.W.2 is the grand mother of the deceased. P.W.4 is the father of the deceased. The deceased married the accused 10 years back. Out of the wedlock two children were born. They were residing in the house of P.W.1. The accused demanded to set up a saloon shop for him. On the date of occurrence, when P.W.1, P.W.2 and others were sitting outside the house, on hearing the cries of the deceased, P.W.1 to P.W.3 rushed to the house of the deceased and found that the deceased was burning and the deceased informed P.W.1 and P.W.2 that the accused set her ablaze. P.W.5 is the brother of P.W.1. He has also rushed to the spot and when enquired, the deceased told him that the accused demanding saloon shop to be set up for him, hit the deceased's head against the wall and set her ablaze. On 27.03.2017, P.W.1 brought the deceased to the hospital. P.W.14-Medical Officer attached to the Government Medical College Hospital, Theni, examined the deceased. She was conscious and she has stated that she has tried to commit suicide by self immolation. P.W.14 noted 45% burn injuries in the body and issued Ex.P9-AR copy.

(ii) P.W.12-Sub Inspector of Police after receipt of intimation from the hospital went to the hospital and examined the deceased and recorded her statement under Ex.P5. Thereafter, registered a case in Crime No.76 of 2017 under Sections 294(b), 498(A) and 307 IPC at 22.30 hours under Ex.P6-FIR and forwarded the FIR to the Court and copy to the Superior Officers.

(iii) P.W.15, the Medical Officer was present when the learned Judicial Magistrate recorded her statement at 10.05 p.m, and at that time, she was conscious and thereafter, the deceased succumbed to injuries on 29.05.2017. P.W.15 has sent a death intimation to P.W.12 under Ex.P10.

(iv) P.W.16-Inspector of Police after receipt of FIR in Crime No.76 of 2017 altered the crime into Sections 294(b), 498(A) and 302 IPC after death of the deceased under Ex.P11, conducted inquest over the dead body, prepared inquest report under Ex.P.12 and gave a requisition to the medical officer to conduct autopsy over the dead body.

(v) P.W.7-the Medical Officer conducted autopsy and found the following injuries:

“Extensive superficial partly healed and infected burns involving face, front, side and back of neck, front of chest and abdomen, both right and left upper limbs, whole of right and left thigh regions. The base of the burnt area is dark brown in colour. Singeing of hairs all over the body noted. The infected areas are covered with foul smelling pus material in a patchy manner. Peeling and blackening of the skin noted all over the burnt areas in a patchy manner. I.V.drip wound noted in the inner aspect of left ankle. I.V.drip wound noted in the inner aspect of right ankle.”

He issued Ex.P4-Po