The main legal point established in the judgment is the consideration of the delay in lodging the complaint, presence of alcohol in the victim's system, and the appellant's intention to determine the appropriate conviction.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, 1973, against the judgment and order dated 03.06.2019 in S.C.No.177 of 2014 passed by the learned Additional District and Sessions Judge, (Fast Track), Kanyakumari at Nagercoil.)

R. Hemalatha, J.

1. This criminal appeal has been filed against the judgment and order dated 03.06.2019 in S.C.No.177/2014 passed by the learned Additional District and Sessions Judge (Fast Track), Kanyakumari at Nagercoii, in and by which, the Appellant was convicted for the offence punishable under Sections 448, 435 and 302 IPC and sentenced as under:

The sentences were ordered to run concurrently. Challenging the said conviction and sentence, the appellant has come up in this Criminal Appeal.

2. The prosecution theory runs as follows:-

i. The deceased Ponniah was a retired employee of Tamil Nadu State Transport Corporation and had two sons and three daughters. The younger of the two sons is the appellant in this case. Ponniah was living with his two daughters in Kumaranditharuvai Village. The appellant was employed in a TASMAC retail shop. The deceased Ponniah had properties in the form of house and land in Vazhukkampaarai, though he was living in a rented house in the present address. It is alleged that Vijayakumar (the appellant) used to pick up quarrel with one of his sisters Sukumari (since deceased) and also his father regarding partitioning of the properties. On an earlier occasion in 2012, he reportedly assaulted his father for the same reason of dispute over the properties. On 19.03.2014 at about 11.00 p.m., the appellant came to his father's house and started abusing his father and sister Sukumari and in a fit of rage took out all the clothes of his father and sister and burnt them in the house. Thereafter, he pushed his father into the fire abusing him verbally and threatening him that it would be disastrous the next time. Sukumari, the sister of the appellant, screamed for help looking at the plight of her father, who was pushed on fire by her brother and needed help to come out of it. The appellant had left the scene immediately after threatening his father. Her uncle Thiru.Rajappan [P.W-15] and cousin brother [P.W-1] rushed to rescue Ponniah and he was taken to Nagercoil Punnainagar M.L.Hospital for treatment.

ii. Dr.Radhakrishnan (P.W-11) examined Vijayakumar on 20.03.2014 at about 2.15 a.m., and found that he had sustained 60% burn injuries on his body. He admitted him as an inpatient in M.L.Hospital and also gave intimation to the police. A copy of the Accident Register was marked as Ex.P9.

iii. Subsequently, on 21.03.2014 at about 8.00 a.m., Sukumari gave a written complaint [Ex.P18] to the police, based on which FIR [Ex.P19] was registered by V.L.Lawrence [P.W-17], Special Sub Inspector of Police of Eathamozhi Police Station in Crime No.72/14 against the appellant for the offences punishable under Sections 294(b), 323, 324 and 506(i) IPC.

iv. Thiru.Sivaji Chelliah (P.W-14), Judicial Magistrate (Fast Track Court), Nagercoil, visited M.L.Hospital, on receiving an intimation from the medical officer at about 1.30 p.m., Tmt.G.Gayathri, the duty Doctor certified that the patient Ponniah was conscious and oriented and fit to give a statement. P.W-14 after satisfying himself, recorded the statement of the victim (Ex.P16). The victim died on 30.03.2014. The death intimation was marked as Ex.P-7. Therefore, the stateme