RAMESH Vs. STATE

JUDGEMENT

(1.) THIS revision arises against two concurrent judgment of courts below convicting the petitioner for offences under Section 304(B), 498(A) and Section 4 of D.P.Act.

(2.) THE prosecution case was that the petitioner/accused is a resident of Moramadugu village in Krishnagiri district. THE petitioner and the deceased were married 4 years prior to the death of the deceased. After the marriage, the couple were initially at Bangalore and thereafter they settled at Moramadugu village. A dispute arose between the deceased and the petitioner as he had pledged her gold jewels. In the course thereof, the petitioner on several occasions demanded monies from the deceased and subjected her to cruelty with such wrongful intent. Petitioner caused hurt and intimidated the deceased by beating the deceased with a stick on her head and stating that nobody could question him in circumstance where when she could not bring money. He asked her to run away from the house before he came back as otherwise, he would murder her. Immediately, thereafter the deceased poured kerosene over her body set herself on fire. She died at the Government hospital Krishnagiri at about 7.10 a.m on 10.09.2004. Petitioner was charged under Section 498(A), 304(B) of I.P.C and Section 4 of Dowry Prevention Act.

(3.) HEARD the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.