ORDER :

This Criminal Appeal has been filed against the judgment and order passed by the Mahila Sessions Court at Chennai in SC. No. 257 of 2013, dated 30.01.2015, convicting and sentencing the appellant in the following manner:

2. The case of the prosecution is that the appellant and the deceased Suganthi were married on 10.09.2000 and through the wedlock, they had two female children. The appellant is said to have treated the deceased with cruelty and asked her to bring money from her parents in order to settle the debts incurred and that apart, the appellant also used to harass the deceased after consuming alcohol.

3. The further case of prosecution is that on 30.11.2007 at about 8.00 p.m., the appellant came home in an inebriated state and there was a wordy quarrel between the appellant and the deceased. The appellant is said to have abused the deceased in filthy language. Not able to take it any further, the deceased poured kerosene on herself at about 9.15 p.m. and set herself on fire. Ultimately, she died on 03.12.2007 at about 11.45 pm.

4. PW1 is the elder sister of the deceased and she received the information immediately after the incident to the effect that the deceased has been taken to Government Hospital, Kilpauk. PW1 along with her husband and children went to the hospital and they found the deceased in a conscious state. The deceased is said to have informed PW1 regarding the reasons for taking such an extreme step.

5. PW11, is the Sub Inspector of Vyasarpadi Police station. He received the information from the hospital at about 10.00 pm on 30.11.2007 and he immediately went to the hospital and found the deceased to be in a conscious state of mind. Hence PW11 recorded the statement of the deceased, which was marked as Ex. P7. Based on the same, an FIR (Ex.P8) was registered by PW11 in Crime No. 531 of 2007 initially under section 309 of IPC.

6. PW11 went to the scene of crime and prepared the observation mahazar marked as Ex.P9 and rough sketch marked as Ex.P10 in the presence of witness. PW11 also recovered MO1 and MO2 from the scene of crime under seizure mahazar marked as Ex.P11.

7. PW11 thereafter sent an information to learned magistrate in order to record the dying declaration. The learned Judicial Magistrate examined as PW9 recorded the dying declaration of the deceased on 01.12.2007 at about 2. 25 pm and the same was marked as Ex.P5. The relevant portion in the dying declaration is extracted hereunder:-

OTHER LANGUAGE

8. The mental state of the deceased was certified by PW8 who had recorded that the deceased was conscious throughout the period of recording the dying declaration. This certification was marked as Ex.P2.

9. On 03.12.2007, the deceased died at about 11.45 pm and hence, the investigation was taken over by PW12. PW12 prepared an alteration report marked as Ex.P12 and the offence was altered to section 306 of IPC. The alteration report was sent to the Magistrate Court. PW12 conducted the inquest on the dead body of the deceased in the presence of panchayatars at about 8.30 am on 4.12.2007 and the inquest report has been marked as Ex.P13 and the body of the deceased was sent for post-mortem and the post mortem was conducted by PW10. The Post Mortem certificate was marked through PW10 as Ex.P6 and the following injuries were recorded:

Infected superficial burns over the front of abdomen, left arm, back of left fore arm, front of both thighs, no other injuries are made out. Extremeti Pale, Heart intact with clotted blood, Coronaries patent. Lung, l