KUPPUSAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The Sessions Judge, Mahalir Neethi Mandram, Tiruvallur, by judgment dated 09.01.2014, in S.C.No.255 of 2010 has convicted the appellants/A1 and A2 under section 498-A IPC and sentenced them to undergo Rigorous Imprisonment for 2 years each and also to pay a fine of Rs.2,000/- each, in default, to undergo Simple Imprisonment for 3 months each and under Section 304-B IPC and sentenced them to undergo Rigorous Imprisonment for 7 years each and directed that the sentences imposed on them to run concurrently and acquitted the appellants/A1 and A2 of the offence under Section 306 IPC and further acquitted A3 Elumalai of the offences under Sections 498-A, 306 and 304-B IPC and challenging the conviction and sentences imposed on them, the appellants/A1 and A2 have come forward with the present appeal.

(2.) Shorn of unnecessary details, according to the prosecution case, the marriage between A1 and the deceased Kotteeswari was held on 06.10.2008 and after the marriage, the accused A1, the deceased Kotteeswari, the mother of A1 namely A2,and the uncle of A1 namely A3 all resided at Othappai village as a joint family and on or before 24.03.2009, it is put forth that A1 to A3 subjected the deceased Kotteeswari to cruelty, harassed her and ill-treated her physically and mentally with a view to coerce her for obtaining a further sum of Rs.5.00 lakhs as dowry from her parents and the willful cruel acts of A1 to A3 were in such a manner to drive the deceased to commit suicide by hanging herself and accordingly it is alleged that A1 to A3 voluntarily abetted the deceased to commit suicide by subjecting her to cruelty as abovestated and thereby the deceased committed suicide on 24.03.2009 at about 11 a.m in the abovesaid residential house by hanging herself and A1 to A3 had thus caused the dowry death of the deceased Kotteeswari, soon before her death and she was subjected to cruelty in connection with the illegal demand of a further sum of Rs.5.00 lakhs as dowry by the accused and as the abovesaid acts forced the deceased to commit suicide as aforestated within 7 years of marriage with A1, it is alleged that the accused A1 to A3 have committed the offences punishable under Sections 498-A, 306 and 304-B IPC.

(3.) The abovesaid case projected by the prosecution has been taken on file in PRC No.16 of 2009 by the District Munsif cum Judicial Magistrate, Uthukottai and after furnishing the copies of the documents relied upon by the prosecution to the accused on entering appearance and noting that the case levelled against the accused' has to be tried exclusively by the Sessions Court, the aforestated District Munsif cum Judicial Magistrate has committed the accused for trial to the Principal Sessions Judge, Tiruvallur and the case had been taken on file as S.C.No.255 of 2010 and subsequently the case had been made over to the Sessions Judge,Mahalir Neethi Mandram, Thiruvallur for trial.