A dying declaration can serve as a basis for conviction, especially when corroborated by consistent witness testimonies and medical findings related to the incident.

ORDER :

P. Velmurugan, J.

This Criminal Appeal has been filed to set aside the judgment of conviction and sentence passed in S.C.No.147 of 2013 dated 08.02.2019 on the file of the learned Sessions Judge, Fast Track Mahila Court, Vellore.

2. The case of the prosecution is that the deceased had originally married to one Dayalan and begotten 3 children and thereafter, due to misunderstanding, she estranged from her husband and subsequently was living with the appellant under one roof as husband and wife. The appellant is a lorry driver and whenever he goes to work, the deceased would stay in her parental house. On the date of occurrence i.e. on 23.11.2012 at about 12.45 a.m., the appellant who came from work, went to the parental house of the deceased and called the deceased. The mother of the deceased asked him to come and take her in the morning. However, he refused the same and took the deceased to his house. After 15 minutes, the appellant came back to the parental house of the deceased and informed to the mother of the deceased that the deceased herself poured diesel and set fire on her. Immediately, the parents and brothers of the deceased rushed to the house of the appellant and found the deceased lying naked with burn injuries all over the body. When they enquired the deceased, she informed them that the appellant beaten her by suspecting her fidelity as to why she doesn’t pick up his calls and other numbers are there in her phone and when she tried to come out of the house, the appellant poured diesel and set fire on her. Immediately, they took the deceased to the hospital and also lodged a complaint. Inspite of intensive treatment given to the deceased, she lost her breathe on 24.11.2012.

3. Based on the complaint lodged by the brother of the deceased, the respondent police originally registered the case in Crime No.1285 of 2012 on 23.11.2012 for the offence under Section 307 IPC and during the course of investigation, since the victim died in the hospital, the respondent police altered the offence from 307 into Section 302 and Section 4(1) of TNWHA and after completion of investigation, laid the charge sheet before the Judicial Magistrate, Katpadi and the same was taken on file in PRC No.15 of 2013. The learned Judicial Magistrate, after completing the formalities under Section 207 Cr.P.C. , committed the case to the Principal District and Sessions Judge, Vellore, since the offences are exclusively triable by the Court of Session. The Principal District and Sessions Judge, Vellore, took the case on file in S.C.No.147 of 2013 and after completing the formalities, framed the charges for the offences under Sections 4(1) TNWHA and . Subsequently, the case was made over to the learned Sessions Judge, Fast Track Mahila Court, Vellore.

4. The learned trial Judge, after completing the formalities, commenced the trial and during trial, in order to substantiate the charges framed against the appellant, on the side of the prosecution, totally as many as 13 witnesses were examined as P.W.1 to P.W.13 and 14 documents were marked as Exs.P.1 to P.14, besides, 2 material objects were exhibited as M.O.1 and M.O.2.

5. On completion of examination of the prosecution witnesses, the incriminating material