MUTHU KUTTY Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) Appellants (described as A-1 and A-2) who were convicted for offence punishable under Sections 498-A and 304-B of the Indian Penal Code, 1860 (in short the IPC) and sentenced to undergo two years rigorous imprisonment and a fine of Rs. 1,000/- with default stipulation in respect of the former offence and 7 years RI for the latter offence by the Trial Court have filed this appeal questioning the correctness of judgment rendered by a learned single Judge of the Madras High Court who confirmed the Trial Courts Judgment.

(3.) Factual position in a nutshell is as follows : Smt. Selva Backlam (PW-1) is the mother and Pon Pandian (PW-2) is the brother of the Kodimalar (hereinafter referred to as the deceased) who was given in marriage to Bathel Raj (DW-1), son of both the accused. From this wedlock, a female child was born. Due to financial crisis, Bethal Raj went to Bombay seeking for better job. Deceased used to complain to PW-1 that the accused were demanding and asking her to bring money. On one occasion, due to quarrel over the dowry demand, deceased came to the house of PW-1. On 28-5-1995, the date of occurrence, at about 1.30 p.m. on hearing cry from the house of the accused "Save me, Save me" Smt. Perkmen (PW-3), from the neighbouring house went to the house of the accused and found deceased lying on the floor with burn injuries, and smoke was also coming out. On coming to know of the occurrence, Salva Backiam (PW-1), Sundar (PW-4), Ram Lakshmi (PW-5) and Gomathi (PW-6) came and saw the deceased who told them that A-2 poured kerosene on her and A-1 lit the match stick. The dress of deceased was found burnt. The part of the saree was cut and removed. Perkman (PW-3) and Smt. Gomathi (PW-6) changed the dress of the deceased and took her to the Government Hospital, Tenkasi by a taxi brought by Sundar (PW-4). On the way, she informed PW-3 that her mother-in-law and father-in-law had jointly set fire on her. Pon Pandia (PW-2) on hearing the occurrence through PW-4 went to the Government Hospital, Tenkasi and enquired about her sister, who told PW-2 about the act of the accused.