The prosecution must prove the case beyond reasonable doubt, and evidence should take precedence over assumptions swayed by emotions.

JUDGMENT

(Prayer: APPEAL under Section 374(3) of the Criminal Procedure Code against the judgment and order dated 28.11.2014 passed in S.C. No.83 of 2014 on the file of the learned Sessions Judge, Mahila Court (FTMC) Erode, Erode District.)

This criminal appeal has been filed against the judgment and order dated 28.11.2014 passed in S.C.No.83 of 2014 on the file of the learned Sessions Judge, Mahila Court (FTMC) Erode, convicting and sentencing the appellant in the following manner :

S.No.

Offence for which convicted

Sentence imposed

1

Section 506(ii) of the IPC

7 years R.I., and to pay a fine of Rs.1,000/- and in default, to undergo 2 years S.I.

2

Section 509 of the IPC

3 years S.I., and to pay a fine of Rs.1,000/- and in default, to undergo 6 months S.I.

3

Section 4B(2) of the Tamil Nadu Prohibition of Harassment of Women Act, 2002

10 years R.I., and to pay a fine of Rs.50,000/- and in default, to undergo two years S.I.

Out of the total fine amount of Rs.52,000/-, the Trial Court directed the same to be paid as compensation to the parents of the deceased and each should receive Rs.26,000/- under Section 357(1)(b) of the Cr.P.C. The above sentences were directed to run concurrently and the period already undergone by the appellant was directed to be set off under Section 428 of the Cr.P.C.

2. The case of the prosecution is as hereunder :

(i) On 27.6.2013 at about 7 PM, one Naveena, aged about 18 years, was standing outside her house to buy milk. While so, the appellant was said to have harassed her stating that she must come to him and do what he would say. The appellant also threatened Naveena with dire consequences if she did not listen to him. That apart, the appellant was said to have made calls to her cellphone and sent messages and as a result, Naveena was subjected to mental agony and she set herself on fire after pouring kerosene at about 8.30 PM.

(ii) Naveena was taken to the Government Hospital at Gobichetipalayam around 9.40 PM by 108 ambulance. P.W.7 was the doctor, to whom Naveena was brought for treatment by her father - P.W.1. P.W.7 found that Naveena had suffered nearly 80% burns. He prepared the accident register, which was marked as Ex.P.4 and through Ex.P.5, the information was sent to the Sub-Inspector of Police, Gobi Police Station. He advised Naveena to be taken to Coimbatore Medical College and Hospital, Coimbatore for further treatment.

(iii) Naveena was taken to the Coimbatore Medical College and Hospital, Coimbatore at about 1.40 AM on 28.6.2013 where P.W.8 - the doctor, who attended Naveena, found that she suffered 80-85% burn injuries. Hence, P.W.8 sent an information to the Judicial Magistrate concerned on 28.6.2013 at 6.30 AM for recording dying declaration. The note that was sent by P.W.8 was marked as Ex.P.6.

(iv) On receipt of the information from P.W.8, the Judicial Magistrate No.7, Coimbatore - P.W.6 reached the Government Hospital at about 6.40 AM. P.W.8 took the Magistrate to Naveena and around 6.45 AM, P.W.6 started recording the dying declaration of Naveena. Before the dying declaration was recorded by P.W.6, P.W.8 certified that Naveena was in a fit state of mind to give a statement and this certificate was marked as Ex.P.7.

(v) The dying declaration recorded by P.W.6 was marked as Ex.P.3 wherein the relevant portion reads as hereunder :

“TAMIL”

(vi) P.W.8 further certified that Naveena was conscious and oriented through out the period of recording the dying declaration. This certification was marked as Ex.P.8.

(vii) Based on Ex.P.5 - information, the Special Sub-Inspector of Police viz. P.W.12 arrived at the Coimbatore Medical College and Hospital, Coimbatore at about 1.30 PM on 28.6.2013. He recorded the statement of Naveena and the same was marked as Ex.P.12. Based on this statement, a first information report - Ex.P.13 came to be registered in Cr.No.183 of 2013 on