NAGARAJ Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment made in S.C.No.12 of 2013 passed by the learned Sessions Judge, Mahila Court, Pudukottai, dtd. 15/9/2014, convicting the accused for an offence under Sec. 498 (A) I.P.C.

(2.) The appellant is a sole accused in this case. The appellant was found guilty by the trial Court, convicted and sentenced as follows:

(3.) The facts of the case are briefly stated hereunder: The case of the prosecution is that the appellant got married to the deceased during the year 2007 and it was a love marriage. Thereafter, both of them were living together and out of their wedlock, they had two children latter, their relationship was not that happy. Since it was a love marriage, the deceased parents' were not in talking terms with the appellant. On 16/10/2011, the deceased went to her parents' house and stayed there. On 17/10/2011, she casted her vote in the Local Body Election and thereafter, at about 03.00 p.m., she again came back to her matrimonial home and at about 09.00 p.m., P.W.1 was informed that her sister was dead. Thereafter, the family members of the deceased reached the house of the appellant and found the body of the deceased in a cot found nobody was present in the house. In this regard, P.W.1 lodged a complaint before the respondent Police-P.W.18 and P.W.18 registered a case for an offence under Sec. 174 Cr.P.C. in Crime No.319 of 2011, on 18/10/2011, since the death was unnatural. Thereafter, the case was referred to P.W.17-Revenue Divisional Officer and P.W.17 conducted enquiry and gave a report-Ex.P.7. Thereafter, the case was altered to the offence under Ss. 498 (A) and 306 I.P.C. P.W.14 is the Forensic Expert, who gave Ex.P.4-Viscera Report. P.W.15 is the Postmortem Doctor, who gave Ex.P.5-Postmortem Report. P.W.16 is the Special Sub Inspector of Police, attached to the Viralimalai Police Station, who identified the body of the deceased in the Hospital. P.W.19 is the Investigating Officer went to the scene of occurrence, recorded the statement of witnesses, prepared Observation Mahazar-Ex.P.9, Rough Sketch-Ex.P.10 and thereafter, P.W.19 completed investigation, altered the offence from 174 Cr.P.C to the offence under Ss. 498 (A) and 306 I.P.C., sent an Alteration Report-Ex.P.11 and on completion of investigation filed charge sheet.