BALAJI Vs. ASSISTANT COMMISSIONER OF POLICE, PATTABIRAM RANGE

JUDGEMENT

(1.) By judgment dated 28.02.2014 passed in S.C.No.95 of 2013, the Magalir Neethi Mandram, (Fast Track Mahila Court), Tiruvallur, has convicted the appellants /A1 & A2 under section 498A IPC and sentenced them to undergo Rigorous Imprisonment for two years each, and also to pay a fine of Rs.20,000/- each in default to undergo Rigorous imprisonment for 6 months each, convicted the first appellant /A1 under section 304B IPC and sentenced him to undergo Rigorous imprisonment for 10 years and the sentences of imprisonment imposed on the first appellant/A1 has been ordered to run concurrently and acquitted the first appellant /A1 of the offences under section 302 IPC and acquitted the second appellant/A2 of the offences under sections 302 and 304B IPC and challenging the conviction and sentence imposed on them, the appellants had preferred the Criminal Appeal.

(2.) The respondent police has filed the final report against the accused alleging that the marriage between A1 and the deceased Kumudha was held on 18.09.2010 and after the marriage, the accused and the deceased lived at Door No.4/1503 Kambar street, Anna Nagar West, Thiruninravur as a joint family and that on or before10.06.2011, in the abovesaid house, both A1 and A2 subjected the deceased Kumudha to cruelty, harassment and ill-treated her physically and mentally with a view to coerce her for obtaining more money and household articles from her parents house and on 10.06.2011, during the night hours in the abovesaid house, the accused due to the non-fulfilling of their illegal demand of dowry by the parents of the deceased Kumudha, did commit murder on Kumudha intentionally and knowingly caused her death by making head injury to her and as a result of the same, Kumudha had died and the accused had caused the dowry death of the deceased Kumudha, soon before her death by subjecting her to cruelty in connection with the illegal demand dowry made by them and on account of the willful cruel acts of the accused, they had caused the dowry death of the deceased Kumudha within 7 years of the marriage between the deceased Kumudha and A1 and thus it is putforth that the accused had committed offence punishable under sections 498A, 302 and 304B IPC.

(3.) To sustain the prosecution case, P.Ws.1 to 15 were examined. Exs.P1 to P10 were marked. No Material Object has been marked and on conclusion of the prosecution evidence, the accused were examined under section 313 Crpc with reference to the incriminating evidence tendered against them by the prosecution witnesses and the accused had denied the same. According to the accused, the case had been falsely foisted against them and they had not committed the offences putforth against them. On the side of accused, no oral evidence has been adduced. Ex.D1 has been marked. No M.O has been marked.