JUDGMENT

S.VAIDYANATHAN, J.

AND N.ANAND VENKATESH, J.

This Criminal Appeal has been filed by the sole accused aggrieved by the Judgment passed by the learned Principal Sessions Judge, Tuticorin in S.C.No.148 of 2014 dated 15.03.2017, wherein, the appellant was convicted for an offence under Section 302 of the Indian Penal Code and was sentenced to life imprisonment and to pay a fine of Rs.1000/- in default to undergo six months rigorous imprisonment.

2. The case of the prosecution :

The deceased viz., Marilakshmi is the wife of the accused.

They were running a hotel named “Vinayagar”. The deceased was having a grievance that the accused was spending money from the income derived from the hotel only for his family members. There used to be frequent quarrels between the deceased and the accused. On 11.05.2012, at about 09.30 p.m., there arose a quarrel between the deceased and the accused and the accused is said to have poured kerosene on the deceased and set her on fire. As a result of which, the deceased died on 12.05.2012 at about 04.15 a.m. in the hospital.

3. The complaint and evidence collected during the investigation:-

(3.1). An information was received by the Sub Inspector of Police, Ettayapuram Police Station (P.W.17) on 11.05.2012, at about 11.30 p.m. from the Government Hospital and she reached the Kovilpatti Government Hospital on 12.05.2012 at 01.00 a.m. and took the statement from the deceased in the Hospital (Ex.P.11) and a First Information Report came to be registered at 02.30 a.m. in Crime No.79 of 2012 (Ex.P.12) for the offence under Section 307 of the Indian Penal Code. An express First Information Report was immediately sent along with the statement recorded from the deceased to the learned Judicial Magistrate No.II, Kovilpatti.

(3.2). In the mean time, the learned Judicial Magistrate No.I, Kovilpatti received the information from the Government Hospital at about 12.40 a.m. on 12.05.2012 and he immediately rushed to the hospital and recorded the dying declaration of the deceased, after satisfying himself that the deceased is in a conscious state of mind and is capable of giving the statement. He also ascertained the conscious state of mind from the Doctor. The deceased is said to have informed the learned Judicial Magistrate that there was a fight between the deceased and the accused and the accused had set her on fire. The learned Judicial Magistrate found that the deceased had suffered 100% burn injuries. Therefore, the learned Judicial Magistrate took hallux impression in the statement recorded from the deceased along with the Certificate from the Doctor. The learned Magistrate completed the recording of the statement at about

01.10 p.m.

(3.3). After registration of the First Information Report, the investigation was handed over to P.W.18, who proceeded to the scene of occurrence on 12.05.2012 at about 03.45 a.m. and prepared the Observation Mahazar (Ex.P.4) and Rough Sketch (Ex.P.13) and he examined the witnesses and recovered the material objects. He received an information around 04.30 a.m. that the deceased had died in the hospital and therefore, he went to the hospital around 05.00 a.m. and got the death report (Ex.P.3) and he thereafter, altered the First Information Report under Section 307 of the Indian Penal Code to Section 302 of the Indian Penal Code. This was immediately sent to the learned Judicial Magistrate No.II.

(3.4). On the same day at about 08.30 a.m, P.W.18 who conducted inquest over the body of the deceased, prepared the Inquest Report (Ex.P.15) and at about 10.35 a.m., he prepared requisition for sending the body for postmortem. The body was taken for postmortem and thereafter, the body was handed over to the relatives.

(3.5). P.W.18 recorded the statement of the witnesses and on 13.05.2012 at about 06.00 a.m., he arrested the accused person and produced him before the concerned Judicial Magistrate Court and he was remanded to judicial custody. Immediately after the arrest, based on the confes