J DAYALAN BABU Vs. STATE

JUDGEMENT

(1.) The appellants herein are the accused 1 and 2 in S.C. No. 8 of 2007, on the file of the Sessions Court (Mahalir Neethi Mandram), Coimbatore and they stand convicted under Section 498-A and 306 IPC and they are sentenced each to undergo two years rigorous imprisonment and to pay a fine of Rs. 1000/- in default to undergo simple imprisonment for six months for the offence under Section 498-A IPC and further sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 2000/- each in default to undergo one year simple imprisonment for the offence under Section 306 IPC and the sentences of imprisonment are to run concurrently. Aggrieved by the said conviction and sentence the appellants have preferred this criminal appeal.

(2.) The case of the prosecution, in brief, is as follows:

(3.) On 13.10.2001, the first accused went out of the house to purchase tea powder and on his return, he saw smoke emanating out of his house and on break opening the door, he went inside the house and saw the deceased having committed suicide by self-immolation. He also gave a complaint to the Sub Inspector of Police, Sulur Police Station who registered the First Information Report under Section 174 Cr.P.C. P.W.1 also received a message through P.W.9 from the first accused. P.W.16 Sub Inspector of Police also informed the Tahsildar. P.W.16 also conducted inquest over the dead body of the deceased and prepared Ex.P.22 inquest report. The body was sent for post mortem examination. P.W.14 Doctor conducted post mortem on the body of the deceased and noted the following injuries: