J U D G M E N T

P.N.PRAKASH, J.

This criminal appeal is directed against the judgment and order of conviction and sentence dated 21.10.2016 passed by the Principal Sessions Judge, Coimbatore, in Spl.S.C.No.1 of 2014.

2. The prosecution story runs thus :

2.1. The deceased Lakshmi, a pavement dweller, who was aged about

42 years, used to sleep with her two children viz., Karthik (P.W.1) and Muthuveeran (P.W.2), beneath a peepal tree in Bharath Bhavan Road, near Mettupalayam railway station.

2.2. The accused who is also from the same area, had an eye on Lakshmi and on 10.11.2012, around 11'o clock in the night, he called her for sex and when she refused, he assaulted her.

2.3. Again, on 13.11.2012, around 12'o clock in the midnight, the accused is said to have once again demanded sexual favours from Lakshmi and when she refused, he poured kerosene on her and set fire to her in the very presence of her two children viz., Karthik (P.W.1) and Muthuveeran (P.W.2), who were 19 years and 10 years old, respectively, at that time. Two other pavement dwellers, viz., Nagaraj (P.W.3) and Priya (P.W.4), who witnessed this event, intervened and doused the fire.

2.4. Lakshmi was taken to the Government Hospital, Mettupalayam, where, she was examined by Dr.Lakshmana Kumar (P.W.9) at 09.30 a.m. on 14.11.2012. Dr.Lakshmana Kumar (P.W.9) recorded the statement of Lakshmi and the same was marked as Ex.P6.

2.5. In the statement (Ex.P6), Lakshmi stated that Kaatturan of Mettupalayam, had poured petrol on her and set fire to her. She was found with 60% burns, as could be seen from the copy of the Accident Register (Ex.P5) and after giving her first aid, she was referred to the Government Hospital, Coimbatore, for better treatment.

2.6. On a complaint (Ex.P1) given by Karthik (P.W.1), P.Ganesan, Special Sub-Inspector of Police (P.W.13), registered a case in Mettupalayam P.S.Crime No.844 of 2012 for the offence under Section 307 IPC and prepared the printed FIR (Ex.P12).

2.7. Lakshmi died in the Government Hospital, Coimbatore, on

15.11.2012 at 08.30 a.m., as could be seen from the death intimation (Ex.P7) that was sent by the hospital to the police.

2.8. Investigation of the case was taken over by Sivakumar, Inspector of Police (P.W.14) (hereinafter referred to as “the 1st I.O.”), who altered the case from one under Section 307 IPC to one under Section 302 IPC vide alteration report (Ex.P14).

2.9. The 1st I.O. went to the place of occurrence and prepared an observation mahazar (Ex.P2) and a seizure mahazar (Ex.P3) under which, he seized some burnt pieces of apparel (M.O.3), a 2 litre plastic can (M.O.1) and a match box (M.O.2). After the case was altered to Section 302 IPC, the

1st I.O. went to the mortuary and conducted inquest over the body of Lakshmi and the inquest report was marked as Ex.P15.

2.10. Dr.Jeya Singh (P.W.10) performed autopsy over the body of Lakshmi and issued the post-mortem certificate (Ex.P8) and after getting the viscera report, gave final opinion (Ex.P9), wherein, he has opined as follows :

“Name of the deceased : Lakshmi Age : 42 yrs Sex : Female OPINION : The deceased would appear to have died of burns and its complication. Viscera does not contain any poison.”

2.11. The accused was arrested on 16.11.2012 at 11.00 a.m. Since Lakshmi was found to be a Dalit, further investigation was carried on by Mohan, Assistant Commissioner of Police (P.W.16), who obtained the community certificates of Lakshmi and the accused, collected the various reports, completed the investigation and filed a final report against the accused in P.R.C.No.15 of 2013 in the Court of the Judicial Magistrate, Mettupalayam, for the offences under Sections 302 IPC and Section 3(2)(v)

of the SC/ST (PoA) Act, 1989.

2.12. On appearance of the accused, the provisions of Section 207 Cr.P.C. were complied with and the case was committed to the Court of Session in Spl.S.C.No.1 of 2014 and was tried by the Principal Sessions Judge, Coimbatore.

2.13 The trial Court framed charges under Se