R PATTUSAMY Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) THE accused in S.C.No.1 of 1987 on the file of the learned Assistant Sessions Judge, Pondicherry, is the petitioner. He was charged for offences punishable under Sec.4 of the Dowry Prohibition Act and also under Sec.306, I.P.C. THE Inspector of Police, Grand Bazaar Circle, Pondicherry filed the charge sheet against the petitioner alleging that between January, 1985 and 16thJanuary, 1986 at Pondicherry the accused who having married Ilavarasi at Chidambaram on 14.2.1977 demanded from the parents c f the said Ilavarasi a dowry of Rs.25,000 in cash or one third property of her parents by ill-treating the said Ilavarasi and compelling her to go to her parents house and fetch the said dowry from them and that between 20.30 hours on 16.1.1986 and 4 30 hours on 17.1.1986 in the first floor of the house bearing Door No.33, Morrisan Street, Pondicherry, the said Ilavarasi committed suicide by consuming Organe Halogeneated Insecticide/pesticide type endrine D.D.T. etc., and the petitioner abetted the commission of suicide by ill-treating the said Ilavarasi and compelling her to go to her parents house and obtain a dowry of Rs.25,000 in cash from them for over a period of one year prior to 16.1.1986 and thereby committed the offences aforementioned.

(2.) THE prosecution has examined twenty witnesses on their side and marked Exs.P-1 to P-29 and the accused marked Exs.D-1 to D-3. THE trial court found the accused guilty under Sec.306, I.P.C. and under Sec.4 of the Dowry Prohibition Act, convicted him under Sec.306, I.P.C, and sentenced him to undergo rigorous imprisonment for four years and to pay a fine of Rs.2,000 in default to undergo rigorous imprisonment for six months and under Sec.4 of the Dowry Prohibition Act, the trial court convicted and sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000 in default to undergo rigorous imprisonment for six months. THE trial court directed the sentences of imprisonment to run concurrently excepting the default sentences. THE petitioner filed an appeal before the learned First Additional Sessions Judge at Pondicherry in C.A.No.64 of 1987 and the lower appellate court confirmed the convictions under both the offences; but reduced the period of sentence under Sec.306, I.P.C. to a period of three years and retained the fine amount."THE lower appellate court confirmed both the conviction and sentence under Sec.4 of the Dowry Prohibition Act. Subject to the above reduction in sentence, the appeal was dismissed. THE petitioner has challenged the legality of the judgment of the courts below in this revision.

(3.) THE Dowry Prohibition Act, 1961 (Central Act 28 of 1961) was enacted by t he Parliament with an object to prohibit the evil practice of giving and taking of dowry and to punish it as a social offence. Sec.2 of the Act gives the definition of dowry as follows: