KIRUPAGARAN Vs. STATE

JUDGEMENT

(1.) The accused/husband is the appellant herein and the appellant has filed this appeal challenging his conviction for the offences under Section 498(A) and 306 of IPC by the trial Court. The deceased is one Anitha, who is none other than the daughter of P.W. 1/Janaki and one Selvakumar and sister of P.W. 2/Loganathan. P.W. 3, Mary is the neighbour of the deceased Anitha. The deceased Anitha was residing at Dr. Ambedhkar Street, Pammal, with her parents and she was married to the accused Kirupagaran during 1998 and thereafter she had been residing in her matrimonial home. While so, on 02.01.1999, P.W. 1/mother and P.W. 2/brother of the deceased Anitha were informed that Anitha was admitted in K.M.C. Hospital for burn injuries. P.W. 1 and P.W. 2 rushed to the hospital and P.W. 1 stayed with her daughter in the hospital. As soon as the injured was admitted in the hospital, intimation was duly sent to Pallavaram Police Station. On receipt of the intimation, P.W. 6/Police Head Constable proceeded to the hospital and obtained Ex. P4 statement in the presence of medical officer P.W. 7/Dr. Muthukumar and on the basis of such statement, Ex. P5/First Information Report was registered in Cr. No. 7 of 1999 by Pallavaram Police for the offence under section 309 IPC against the injured for attempt to commit suicide and the case was investigated by the Sub-Inspector of Police attached to Pallavaram Police station who in the course of his investigation sent communication to the learned VIII Metropolitan Magistrate, Chennai for obtaining dying declaration from the injured on receipt of the intimation.

(2.) P.W. 8/VIII Metropolitan Magistrate, Chennai, rushed to the hospital and P.W. 8 having ascertained the mental and physical fitness of the injured orally and in writing through P.W. 7/Dr. Muthukumar to give statement recorded Ex. P9 statement from the injured and obtained her left hand thumb impression in the same at 11.45 a.m. on 03.01.1999. While the injured was under treatment, she succumbed to the burn injuries. The investigation was thereafter entrusted to P.W. 10/the Deputy Superintendent of Police who altered the offence from Section 174 Cr.P.C. and forwarded the copy to RDO for enquiry as the death occurred in an unnatural manner within seven years of the date of marriage and on 06.01.1999, P.W. 9/the Tahsildar, Nungambakkam Division conducted inquest on the dead body of the deceased Anitha in the presence of panchayators and prepared inquest report and obtained Ex. P11 statement from P.W. 1/Janaki and the accused/husband and made enquiries from others and reported to RDO through Ex. P12 for further enquiry by RDO by treating the death as dowry death and due to harassment of wife in the hands of her husband and mother-in-law. Due requisition was also sent to P.W. 5/Dr. Govardhan for conducting post mortem on the dead body of the deceased and after duly conducting post mortem, P.W. 5 furnished Ex. P3/Post mortem certificate to the effect that she died due to septimea caused due to burn injuries.

(3.) In the meanwhile, the investigation was proceeded by P.W. 10/Deputy Superintendent of Police and during the course of his investigation, he went to the scene of occurrence i.e., the house of the accused on 09.01.1999 and prepared Ex. P13/rough sketch and obtained statement from P.W. 1 to P.W. 3 and one Andal and thereafter, altered the case for the offence under Section 306 and 498(A) IPC under Ex. P14/alteration report and arrested the accused on 16.03.1999 and remanded him to judicial custody. The investigation was continued by P.W. 11/the Deputy Superintendent of Police who verified the investigation already completed by P.W. 9 and recorded statement from medical officers and collected Ex. P3/Post mortem certificate and filed final report against the accused and the same was taken on file in S.C. No. 286 of 2003.