A.NAGRAJAN Vs. STATE

JUDGEMENT

(1.) A .Nagrajan (the appellant) questions the legality and correctness of a judgment dated 02.08.2000 of learned Addl. Sessions Judge in Sessions Case No. 569/96 arising out of FIR No. 232/88 PS Saraswati Vihar by which he was held guilty for committing offences punishable under Sections 498A/306 IPC. By an order dated 03.08.2000, he was awarded RI for three years with fine Rs. 5,000/ - under Section 306 IPC and RI for one and a half years with fine Rs.1,000/ - under Section 498A IPC. The brief facts which are relevant to dispose of this appeal are recapitulated as under :

(2.) MEENA was married to the appellant (A. Nagrajan) and a male child was born to her out of this wedlock. Her parents had given various articles including gold ornaments, T.V., bed and almirah according to their financial capacity at the time of her marriage. On the night intervening 5/6.08.1988, Meena committed suicide at her matrimonial home. On the complaint of her brother ­ Parama Swamy, the First Information Report was lodged under Sections 498A/302/34 IPC on 06.08.1988. During the course of investigation, statements of the witnesses conversant with the facts were recorded. Post -mortem examination on the body was conducted. After completion of investigation, a charge -sheet was filed against the deceased's husband ­ A.Nagarajan and her mother -in -law - Pawlai for committing offences under Sections 498A/304B IPC. Both of them were duly charged and brought to trial. The prosecution examined fifteen witnesses to establish their guilt. In their 313 statements, the accused persons denied their complicity in the crime and alleged false implication. After appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment convicted the appellant ­ A. Nagarajan under Sections 498A/306 IPC. Needless to say that Pawlai was acquitted of the charges and the State did not prefer any appeal against her acquittal.

(3.) IT is significant to note that on the same set of evidence, co -accused Pawlai, deceased's mother -in -law, was acquitted of the charges under Sections 498A/304B/306 IPC. The Trial Court observed :