RAMESH BABU Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal arises out of the verdict of conviction in S.C. No. 100 of 2003 on the file of the Sessions Judge, Perambalur dated 27.01.2004, convicting the appellants/accused under Section 498-A IPC and sentencing them to undergo one year R.I. each and to pay a fine of Rs. 1,000/- each in default to undergo R.I for one month each and under Section 304-B IPC and sentencing them to undergo ten years R.I. each and to pay a fine of Rs. 2,000/-each in default to undergo R.I for two months each.

(2.) THE case of the prosecution is that the accused A1 married the deceased on 5.9.2001. A2 and A3 are parents of the accused A.1. On 13.7.2002, while P.W.1 was preparing tea for her husband, who was returned from the duty and planned to go for movie. At that time, while she was pumping the stove, the stove bursted and she sustained injuries. THEreafter, she was taken to the Tanjore Medical College hospital, where the doctor, P.W.14 recorded the statement from the deceased. THEreafter, the Judicial Magistrate, P.W.15 recorded the dying declaration Exhibit P-21 and obtained signature of the duty doctor and it was confirmed while she was conscious. On 14.7.2002 when P.W.1 1 was in the Ariyalur Police Station, on receipt of the intimation, went to the Tanjore Government Hospital and received the statement from the injured and prepared F.I.R and registered the case in crime No. 417 of 2002 under Section 309 I.P.C which was altered to Section 174 Cr.P.C. R.D.O enquiry has been conducted.

(3.) WHEN the accused were questioned under Section 313 Cr.P.C. in respect of the incriminating materials appearing against them, they denied the same as false and pleaded not guilty. Upon analysis of evidence, the learned Trial judge, convicted the accused as stated above. Against which the present appeal has been filed.