PERIASAMY Vs. STATE

JUDGEMENT

(1.) THE first accused before the trial Court, who was found guilty, convicted and sentenced to undergo for seven years rigorous imprisonment for offence under Sec.304-B, I.P.C. in S.C.No.161 of 1993, has come forward with the instant criminal appeal. Originally he along with his mother and sisters stood charged for alleged commission of offence punishable under Sec.302, I.P.C. THE learned First Additional Sessions Judge, Salem, acquitted the other accused, but held the appellant guilty of inflicting dowry death upon his wife and therefore, the conviction.

(2.) THE criminal appeal has arisen in this way: P.W.1 Manickam is the husband of P.W.2 Panchali. THEy had a daughter by name Madheswari. THE first accused is the son of Panchali's first cousin Venkatachalam, whose father died while Venkatachalam was a boy of tender age. He was brought up by Panchali's father. P.Ws.1 and 2 gave their daughter Madheswari in marriage to the first accused Periyasamy on 25.5.1988. THE second accused Rajammal is the mother of the first accused. Accused Nos.3 and 4 Sundarambal and Suseela are the sisters of the first accused. At the time of the marriage, P.Ws.1 and 2 have gifted 10 sovereigns worth gold jewels to Madheswari. THEy had spent for her marriage also. But there was a dowry demand from the first accused, his mother and sisters. THEy were demanding that Madheswari should bring another 20 sovereign jewels. THE demand could not be met out, resulting in infliction of cruelty upon Madheswari and torturing her. During one such occasion, Madheswari was even assaulted with a spade on her head by the first accused, as a result of which she had to take treatment with Dr.Prema Kumari, a private Practitioner at Salem. On 10.3.1999 at about 6.00 p.m., the first accused, namely, the appellant herein beat Madheswari with a stick on both her arms. His mother and sisters, namely accused Nos.2 and 3 caught Madheswari by her heir and made her to gyrak. At that time, the fourth accused pulled the hand of Madheswari, as a result of which, Madheswari fell down. THE first accused, her husband kicked Madheswari several times on her thighs and other parts. THE fourth accused sat on the thighs of Madheswari and fisted on her chest. THE first accused gagged Madheswari's mouth with her saree. P.W.3, a neighbour, witnessed the occurence. But, when he scolded the accused, they threatened him with dire consequences. Later, information was sent to Madheswari's parents stating that Madheswari had suffered with a snake bite. P.Ws.1 and 2 and their relatives came to the house of the first accused and they found Madheswari lying unconscious. THEy took her to a native Doctor and later an Allopathy Doctor was brought. He pronounced Madheswari dead. THEn, the usual procedure of preferring the complaint and consequential investigation held Madheswari's body was subjected to post-mortem and eight injuries were found on her person. She had suffered with fracture of base of skull. It was the fatal injury. After post-mortem, the clothes worn by Madheswari at the time of incident and also the jewels were seized. THE prosecution examined seventeen witnesses as P. Ws. and marked thirteen documents. THEy have also marked M.Os. 1 to 4. THE accused had not let in any evidence. After closure of prosecution evidence, the accused were questioned. When questioned, they merely denied the evidence. THE learned Sessions Judge came to the conclusion that the prosecution has not brought home the guilt to accused Nos.2, 3 and 4, namely, the mother and sisters of the first accused, but found that there is ample evidence to hold that the first accused had inflicted dowry harassment and consequential dowry death upon Madheswari and accordingly, the learned Sessions Judge acquitted the first accused of offence under Sec.302, I.P.C. and convicted and sentenced to undergo rigorous imprisonment for seven years, which has culminated in the criminal appeal.