HARI KRISHNAN; CHANDRAN; THAYYAL NAYAGI Vs. STATE

JUDGEMENT

(1.) The appellants herein are the accused 1 to 3 in S.C.No.552 of 2005 on the file of the learned Additional District Sessions Judge, Fast Track Court No.1, Chenglepet, and they stand convicted for the offences under Sections 498(A) and 306 I.P.C., and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- each, in default, to undergo rigorous imprisonment for three months for the offence under Section 498(A) I.P.C. and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- each, in default, to undergo rigorous imprisonment for six months for the offence under Section 306 I.P.C. and the sentences were ordered to run concurrently. The sentences were also suspended and the appellants were released on bail, pending disposal of the appeal, on their executing a bond for a sum of Rs.5,000/- with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram.

(2.) The following is the summary of the prosecution case sans unnecessary details:-

(3.) After the prosecution evidence was over, the trial Court questioned the appellants/accused 1 to 3 under Section 313 Cr.P.C. as regards incriminating materials available against them in the prosecution evidence. They denied the complicity to the offence. The first accused has stated at the time of questioning under Section 313 Cr.P.C.; that his wife was mentally ill and she used to go to her parents' house frequently; that on enquiry, his father-in-law would say that the time was not fortunate and gave a prescription sheet and asked him to get medicines for his daughter and he was also giving the medicines; that for about one month, his wife has not taken medicines and that he did not demand any dowry. Further, on 17.02.2005, both himself and his wife were happy and in the midnight he found his wife missing, searched her and saw her in the water tank drowned, that on hearing his alarm, the neighbours came and his wife was taken up and removed to the hospital where she was pronounced dead and thereafter, he went to Chitlapakkam police station and lodged a complaint; that the police took the body to Chrompet Government Hospital; that the Chitlapakkam police sent him to the house and after 40 days, he was arrested by the police on the charge that he had demanded dowry.