LAKSHMI Vs. STATE

JUDGEMENT

(1.) The Sessions Judge, Mahila Court, by judgment dated 30.01.2013 in S.C.No.3 of 2011 has convicted the appellants/accused Nos.1 & 2 under Section 498-A IPC and sentenced them to undergo Rigorous imprisonment for three years each and to pay a fine of Rs.5,000/- each in default to undergo simple imprisonment for three months and further convicted the appellant / accused No.1 under Section 306 IPC and sentenced him to undergo Rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months and the sentences of imprisonment imposed on A1 has been directed to run concurrently and acquitted the appellant/A1 of the offence under Section 304-B IPC, acquitted the appellant/A2 of the offences under Section 304-B and 306 IPC and also acquitted A3 Albert of the offence under Section 304-B r/w 34 IPC and impugning the conviction and sentence imposed on them, the appellants/A1 & A2 have preferred the abovesaid appeals.

(2.) Shorn of unnecessary details, the case of the prosecution is that the deceased Mariammal and the first accused got married on 04.06.2009 and the parents of the deceased presented 10 sovereigns of gold and other seer articles at the time of marriage and the first accused was in the habit of consuming liquor and also used to quarrel with the deceased Mariammal and therefore, the deceased Mariammal, without the knowledge of the first accused, mixed medicine in the food with a view to stop his habit of drinking and when the same had come to the knowledge of the first accused through his friend viz., Albert (A3), the first accused picked up quarrels and fought with the deceased Mariammal and further also demanded to pay a sum of Rs.1,00,000/- for purchasing a vehicle, however, the deceased Mariammal's parents had assured to give Rs.50,000/- and accordingly, handed over a sum of Rs.50,000/- during February, 2010. However, the appellants/A1 & A2 had been insisting the deceased Mariammal to pay the remaining sum of Rs.50,000/- and also they were abusing the deceased Mariammal without sending her to her parent's house, persisted in the payment of Rs.50,000/- and also abused her by stating that she could not live with A1 and that she should die and unable to bear the ill-treatment and harassment caused to her, the deceased Mariammal fed up with life, poured Kerosene on her body and set herself on fire on 20.04.2010 and though she was rushed to the hospital, she succumbed to the injuries on the same day at 19.15 hours and inasmuch as the deceased Mariammal had died in unnatural circumstances within 7 years of the date of marriage and as the third accused had also joined with the accused and ill-treating and harassing the deceased Mariammal in bringing the sum of Rs.50,000/- and also abused her to go and die, so that, they can drink peacefully, in all, it is put forth that the accused Nos.1 to 3 had committed the offences put forth against them.

(3.) In support of the prosecution case, PWs1 to 15 were examined and Exs.P1 to P15 were marked and Mos.1 to 3 were marked. On the conclusion of the prosecution evidence, the accused were examined with reference to the incriminating evidence tendered against them by the prosecution witness and the accused had denied the same. According to the accused, the case had been falsely foisted against them. On the side of the accused, no oral and documentary evidence has been marked and no Mo has been marked.