SUBRAMANIAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellant got married with Baby alias Sokkayyal ("the deceased") in the year 1996 at village Thallakuttaipudur. After the marriage, they were living at Village Ennamangalam. The deceased was found dead in her matrimonial home on 26.5.1999 at about 11:00 p.m. On the request of the appellant, Chinnaraj (P.W. 3) went to the village Thallakuttaipudur, which is said to be situated at a distance of 18 miles from village Ennamangalam, to inform the parents of the deceased. They arrived at about 9:00 a.m. in the next morning.

(2.) Before the learned Sessions Judge, fourteen witnesses were examined by the prosecution in support of its case. P.W.1 - Muthusamy and P.W. 2 - Easwari are the parents of the deceased; P.W.3 - Chinnaraj had been residing close to the house of the appellant. He knew the appellant as well as the deceased; P.W.4 - Sakthivel and P.W. 5 - Senniappan were examined by the prosecution to prove that when the deceased had been staying with her parents about three months prior to the date of occurrence, a compromise was allegedly entered into in the house of P.W. 1 for the purpose of bringing her back to her matrimonial home. P.W. 6 - Thiru Karunakaran is the Village Administrative Officer who witnessed preparation of the Observation Mahazar and the recovery of the material objects M.Os.1 and 2.

(3.) The learned Sessions Judge by a judgment and order dated 14.11.2000 recorded a judgment of acquittal in favour of appellant. The State preferred an appeal thereagainst. By reason of the impugned judgment dated 15.12.2005, the High Court while affirming the view of the trial court with regard to the order of acquittal of appellant of the charges under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, however, recorded a judgment of conviction and sentence against him under Section 302 of the IPC opining that its findings were unreasonable.