MURUGAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Revision Case in Crl.R.C.No.719 of 2014 is filed by the petitioners/accused, aggrieved by the judgment of the learned Principal Assistant Sessions Judge, Mayiladuthurai, dtd. 11/1/2011 in S.C.No.322 of 2008, thereby, convicting petitioners for the offence under Sec. 498-A of Indian Penal Code and imposing a sentence of two years Rigorous Imprisonment and fine of Rs.2,000.00 each and in default of payment of fine, to undergo six months Rigorous Imprisonment and the offence under Sec. 304-B of Indian Penal Code and imposing a sentence of seven years Rigorous Imprisonment and the judgment of the Mahila Fast Track Court, Nagapattinam, dtd. 22/4/2014 in Crl.A.No.6 of 2011, thereby, confirming the conviction and sentence imposed by the Trial Court.

(2.) On 26/3/2008, P.W.1, Balu @ Balakrishnan went to Sembanarkoil Police Station, Nagapattinam District and lodged complaint to the effect that his daughter was married to the first petitioner/accused on 24/1/2007 and the second accused is her mother-in-law. In connection with the marriage, it was agreed to give 12 sovereigns of gold and Rs.42,500.00 as cash for the Motorcycle, even though 10 sovereigns and cash was given, 2 sovereigns of gold was promised to be given after the birth of the child. From the beginning, his daughter was treated with cruelty by demanding 2 sovereigns of gold. His daughter also gave birth to a male child on 24/2/2008 and thereafter, since he could not comply with the demand of Rs.25,000.00 for purchase of Car, her daughter was tortured for not bringing the 2 sovereigns of gold and under these circumstances, on 24/3/2008, somebody, from the place of the accused, came to their house during night time and informed them that her daughter had died. He went to the house of the accused next day morning along with his wife and relatives only to find his daughter dead and being laid on a table and the child, who was one month old, was near the water tank. The accused and their relatives had since ran away from the house and therefore, he had gone to the Police Station along with his well-wishers and relatives and lodged a complaint.

(3.) Upon such complaint, P.W.12, Sub-Inspector of Police registered a case in Cr.No.228 of 2008 initially under Sec. 174 Cr.P.C. Thereafter, P.W.14 took up the case for investigation, altered the sec. into Ss. 498-A and 304-B of the Indian Penal Code, completed the investigation and laid a Final Report, proposing the accused as guilty of the charges. The case was taken on file by the learned Judicial Magistrate No.II, Mayiladuthurai in P.R.C.No.38 of 2008 and after furnishing of copies as per Sec. 207 of Cr.P.C., and upon finding that the offence triable by Sessions Court, the case was committed as per Sec. 209(a) of Code of Criminal Procedure. The case was taken on file by the learned Sessions Judge, Nagapattinam and thereafter, was made over to the learned Principal Assistant Sessions Judge, Mayiladuthurai and the case was taken on file as S.C.No.322 of 2008.