SELVAM Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Principal Sessions Division, Vellore made in S.C.No.311 of 2004 whereby the accused/appellant stood charged, tried and found guilty for the offence under sections 302(2 counts) and 498(A) I.P.C. and under section 4 of Dowry Prohibition Act. The appellant was awarded life imprisonment for each count for the offence under section 302 I.P.C and three years rigorous imprisonment for the offence under section 498(A) I.P.C and one year rigorous imprisonment for the offence under section 4 of the Dowry Prohibition Act and the sentences are ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further learned counsel, according to the prosecution, the occurrence has taken place at 7.00 a.m. on 26.10.2003 and both were taken to the hospital immediately. But the accident register which was marked as Ex.P7 in respect of Indirani and the accident register in respect of the child, Yuvaraj Ex.P9 contain different particulars. According to Ex.P7, the occurrence has taken place at 8.00 a.m. and due to the reason adduced therein. At the same time, when the doctor has given treatment to the child, it was stated that the occurrence has taken place at 7.00 a.m. and the child sustained burn injuries since the child dragged the burning kerosene stove. These documents contains different particulars regarding the way in which the occurrence has taken place which would clearly indicate the fact that the prosecution has not come out with true version. This would go to show that the subsequent documents in the form of dying declaration were all tutored version.