SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant herein is the first accused in S.C.No.314 of 2002, on the file of the Additional Sessions Judge (Fast Track Court -II), Cuddalore, and he stands convicted for the offences under Sections 498-A and 306 IPC and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs.1000/- in default to undergo three months rigorous imprisonment for the offence under Section 498-A IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.2000/- in default to undergo six months simple imprisonment under Section 306 IPC. Challenging the said conviction and sentence, the appellant had preferred this criminal appeal.

(2.) THE case of the prosecution, in brief, is that the appellant herein who is the first accused is the husband of the deceased. THE second accused is the mother of the first accused. PW-1 is the father of the deceased and P.W.2 is the mother of the deceased. THE marriage of the first accused and the deceased was performed on 06.04.1998. At the time of marriage, 15 sovereign jewels and other household articles were given by P.W.1. After the marriage, for four months, the first accused and the deceased were residing together and thereafter the first accused had gone to Dubai. THE deceased delivered a male child. Six months after the birth of the child, the first accused came to Cuddalore from Dubai. At that time, the deceased and the child were in the house of P.W.1 and the first accused did not go and meet them. P.W.3 who is related to P.W.1 and others took the deceased to the house of the first accused. P.W-1 gave one sovereign chain, silver kolusu and a silver waist chain to the child. On 23.04.1999, the deceased telephoned to P.W-1 and informed that she was assaulted by the first accused. P.Ws.1 and 2 rushed to the house of the accused. THEy saw the first accused dragging the deceased holding her tuft. THE deceased informed P.W.1 that she was ill-treated because the jewels given to the child was not sufficient. P.W.1 also informed them that he would give more jewels after his son P.W-4 returns from Singapore. On the next day, the deceased had come to the house of P.W.1 and a complaint was given in the All Women Police Station, Cuddalore. She was admitted in the Government Hospital for two days, since she had already sustained injuries due to the assault by the first accused. A compromise was entered into between the parties in the All Women Police Station, Cuddalore. Both the first accused and the deceased agreed for setting up a separate family. THEreafter, in the year 1999 in the month of October, they were living separately at Karpagavinayagar Street, Indhu Nagar, Cuddalore. THE deceased gave birth to another male child. On 25.02.2002, P.W-1 came to know that the deceased had died and then P.W-1 and P.W-2 rushed to the house of the accused and saw the deceased lying dead. He also noticed burn injuries on the body of the deceased. He went to the police station and gave complaint Ex.P.1 at 7.00p.m.

(3.) P.W-12, Deputy Superintendent of Police after recording statement of witnesses and after completing investigation, laid the final report against the accused 1 and 2 for offences under Sections 304(B), 408 and 306 IPC.