STATE Vs. KAMARAJ

JUDGEMENT

(1.) THIS is an appeal filed by the State against the order of acquittal. A1 was charged for the offence under Section 304 (B) IPC and A2 was charged for the offence under Section 304 (B) r/w 109 I. P. C.

(2.) ON the side of the prosecution, PWs. 1 to 18 were examined and Exs. P 1 to P 22 were marked. On the side of the defence, no witnesses were examined, but documents Ex. D1 to D7 were marked.

(3.) THE case of the prosecution is that A1 is the son of A2. A1 was married to Sumathi, a relative of A2 on 27. 11. 1987. P. W. 5 is the mother of the deceased Sumathi. She is a resident of Salem. PW6 is the father of the deceased. A1 is a Homoeopathy Doctor. At the time of marriage, A1 was working in the Government Hospital, Nagapattinam; immediately after marriage, they were residing at Ponnammapet for two months and thereafter, they went to Nagapattinam; Pws. 5 and 6 gave all necessary household articles (including silver articles) to A1 and the deceased and they started living separately; whenever A1 visited their house, A1 would not stay there overnight on the ground that he was not permitted to stay in their house by his parents; the deceased used to tell her father that her husband and mother-in-law demanded money, motor cycle, Fridge, T. V. Diamond jewelleries etc. ; A1 also made similar demands; before the death of Sumathi, at least 5 or 6 times, such a demand was made; A2 also used to complain that they were not given sufficient household articles when her daughter was married to a Doctor bridegroom. The deceased gave birth to a child after two years; just one month prior to the death of her daughter, she told that A1 demanded motor cycle and they promised that they will purchase it after some time; her daughter also wrote a letter stating that there was a quarrel between herself and A2. On 10. 7. 1990 between 10. 00 and 11. 30 p. m. the deceased Sumathi committed suicide by pouring kerosene and setting herself fire because of the attitude of A1 and A2. When they received the information that their daughter died, P. Ws. 5 and P. W. 6 came to Nagapattinam and they saw the body at the mortuary; nobody informed as to how she sustained burn injuries; A1 informed them that a quarrel arose between them and thereafter she poured kerosene and set fire to herself.