MURUGAN Vs. STATE

JUDGEMENT

(1.) THE brief facts of the case are as follows:-

(2.) ON the side of the prosecution, 7 witnesses had been examined and three documents were marked, 2 material evidences had been produced. On the side of the accused, A-1 was examined as R.W.1 and three documents were marked.

(3.) P .W.1 further stated that the incident was conveyed to the second and third accused, who are parents of A-1 and they replied that A-1 is a man and could go anywhere and also not agreed to marriage between the couple. Subsequently, arbitration was conducted by the Village Panchayat and the marriage was solemnized on 28.08.2002 at Shivan Temple, Nellore. The marriage was performed by a Prohit in the presence of around 50 persons related to the couples. Immediately, after marriage, the couple had stayed in P.W.2 viz., Periyasamy's house for a period of two days. Subsequently, P.W.6 and his wife had vacated their house and made arrangement for the stay of the marriage couple, wherein the married couple had lived in for a period of one year. During that period, P.W.1 had not conceived, therefore, A-1 told P.W.1 that she does not have the capacity to conceive. Hence, A-1 had compelled P.W.1 for a written consent for a second marriage, but the same was refused by P.W.1. In the result, A-1 became annoyed and had beaten P.W.1 and had also used abusive language and this incident was witnessed by P.W.6. Thereafter, P.W.6, the brother of P.W.1, had given five sovereigns in gold jewellery and the same was collected by A1 from P.W.1 and A-1 went to the Bank for pledging the jewels in order to start his business, but A-1 had not turned up for three days. Immediately, P.W.1 had inquired about her husband and came to know that A-1 had married one Malathi, daughter of Thangaraj of the same Village. P.W.1 had informed the villagers, and the village panchayat had conducted arbitration, but the accused 1, 2 and 3 had not given a proper answer to the panchayatdars regarding the second marriage. Hence, P.W.1 had levelled a criminal complaint before the Inspectress of Police, attached to the all Women Wing Police Station, Vridhachalam.