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Seven-year RI for wife burning upheld

By Our Staff Reporter

CHENNAI NOV. 11 . The Madras High Court has upheld the seven-year rigorous imprisonment awarded to a person charged with burning his wife to death for refusing to give him money for consuming liquor.

Justice P. Sathasivam, pointing to the dying declaration of Sarala, said the accused, Pachiappan of Avadi, deserved severe punishment and no leniency should be shown to him.

According to the prosecution, Sarala, married to Pachiappan for 13 years, refused to give him money on August 14, 1995. Infuriated, he poured kerosene on her and set her ablaze. Neighbours and the victim's brother rushed her to the Kilpauk Government Medical College Hospital where she succumbed to her injuries on August 17.

In view of the clinching evidence deposed by the witnesses, coupled with Sarala's dying declaration, the principal sessions judge of Chengalpattu convicted the accused. However, he ruled that there was no intention on the part of Pachiappan to murder her. Since it was committed due to `sudden altercation, the act of the accused comes within the mischief of Section 304 part 1 and not under Section 302 IPC'.

Accepting the reasoning forwarded by the trial judge, Mr. Justice Sathasivam said: "I am of the view that the principal sessions judge has rightly awarded rigorous imprisonment for a period of seven years. In the absence of any other material or circumstance, I do not find any reason to interfere even with the sentence''.

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