CHANDRASEKARAN Vs. STATE

JUDGEMENT

(1.) Vanitha, a bride in her incipient twenties was stamped (trampled) to death by her husband Chandrasekaran at her nuptial home. After she was done away with, the husband tied the saree around the neck and suspended the body by tying the other end with the rafter of the roof. He thereupon began to cry along with his father Rathinam and mother Lakshmi as if she committed suicide. Then, her body was removed from the rafter with the help of neighbours. Thereafter, the deceased was put in a chair tying her with the chair by means of a rope to ensure that the body does not fall on the ground. After giving information to the parents of the deceased that she died, all the three accused persons, namely husband, father-in-law and mother-in-law of the deceased left the village and absconded. The motive for the unfortunate occurrence is that the dowry demands such as cow, goat and TVS 50 were not met by the parents of the deceased.

(2.) On these allegations, all the three persons, namely Chandrasekaran, husband (A1), Rathinam, father-in-law (A2) and Lakshmi, mother-in-law (A3) were tried for the offences under Sections 498-A, 304-B, 302 and 302 read with 201 I.P.C. However, the trial Court acquitted A2 and A3 in respect of the charge under Section 302 I.P.C. and convicted them for the offences under Sections 498A, 304-B and 302 read with 201 I.P.C. A1 Chandrasekaran was convicted for all the offences under Sections 302, 498-A, 304-B and 302 read with 201 I.P.C. Challenging the above conviction, A1 to A3 have filed this appeal.

(3.) The short facts leading to the conviction are summarised as follows: "(a) The deceased Vanitha is the wife of A1 Chandrasekaran. A2 Rathinam is the father and A3 Lakshmi is the mother of A1. P.W.1 Arumugam and P.W.2 Chinnammal are the parents of the deceased Vanitha. (b) In the year 1997, the deceased Vanitha got married to A1 Chandrasekaran. The parents of the deceased were residing in Woraiyur near Trichy. After marriage, the deceased Vanitha was living along with her husband (A1), A2 father-in-law and A3 mother-in-law as a joint family in the village Anbil Mangammalpuram. (c) Within a few months, she got conceived. During that period, the first Pongal intervened. A2 and A3, the parents of A1 insisted P.Ws.1 and 2, the parents of the deceased to give "Thalai Pongal Seervarisai", such as cow (rPik gR), goat and TVS 50. P.W.1 assured that he would give those articles after birth of the child. (d) After "Valaikappu" function held in the ninth month, P.Ws.1 and 2 took the deceased to their house and admitted her in Srirangam Hospital. A male child was born. Then, the deceased along with the child was taken to the house of the accused. (e) The accused began to insist for the Thalai Pongal Seervarisai, which was assured to be given after birth of the child. For this purpose, the deceased was sent to the house of her parents to collect those seervarisai articles even without the child. Thereafter, at the intervention of the employer, the deceased joined her husband. P.W.1 assured that he would give the Pongal Seervarisai soon. (f) Since the Pongal Seervarisai articles were not given as agreed, the deceased was again sent with the child to her parents' house within a few months. P.W.1 expressed his inability. Therefore, the deceased with the child stayed in P.W.1's house for some days. (g) Then, A1 came to the house of the parents of the deceased and forcibly took her with the child to his house. Since seervarisai articles were not given as promised, the torture continued. (h) The deceased sent letter to P.W.1 informing the torture and asking P.W.1 to come and take her. P.W.1 and others went to the village and made an attempt to take her to the house. But, she was not allowed to go with them. (i) Within a few days, i.e. on 9.11.1998 at about 10.45 p.m., two persons belong to Anbil Mangammalpuram village came to Woraiyur and informed the parents of the deceased that the deceased died at the village. (j) Immediately, they arranged a Taxi and went to the village. They found the body of the deceased seated in a chair. Nobody was available in the house. A1 to A3 were found absconding. (k) Therefore, on 10.11.1998 at about 6.00 a.m., P.W.1 gave a complaint to P.W.12 Sub Inspector of Police, Lalgudi Police Station. The case was registered under Section 174 Cr.P.C. Intimation was sent to the Revenue Divisional Officer and the Deputy Superintendent of Police. (l) P.W.10 R.D.O. came to the scene and conducted inquest. He examined P.W.1, P.W.2 and others. The accused persons were not available. Then, P.W.10 sent a report to the police stating that the death was due to dowry torture and the accused were absconding. (m) P.W.9 Dr. Gandhi conducted post-mortem on the same day and found injuries on the neck and in the small intestines. He gave opinion that the deceased would appear to have died of shock and haemorrhage due to the injuries sustained in the small intestines. (n) On the basis of this opinion, P.W.14 D.S.P. who took up investigation, altered the case into one under Section 302 I.P.C. (o) On 2.2.1999, P.W.13 Inspector of Police on the supervision of P.W.14 D.S.P., arrested A1 to A3. (p) After completion of the investigation, P.W.14 D.S.P. filed the charge sheet against the accused under Sections 498A, 304B and 302 I.P.C."