BALASUBRAMANIAM Vs. STATE

JUDGEMENT

(1.) The sole accused, who was charged, tried and found guilty under Section 498-A I.P.C and sentenced to undergo two years R.I. and to pay fine of Rs.15,000/-, in default, to undergo six months R.I., guilty under Section 376 I.P.C. and sentenced to undergo 8 years R.I. and to pay fine of Rs.35,000/-, in default, to undergo one year R.I. respectively has brought forth this appeal.

(2.) The short facts necessary for the disposal of this appeal can be stated as follows: The accused/appellant herein is the resident of Kuniamuthur. He married P.W.2, Shantha on 23.1.1998 and was living with her in Door No.14/1 in Kuniamuthur within Pothanur police limits. Ever since the marriage, the accused was treating her cruelly. The accused had already married P.W.5, Ranjeetha, in the year 1991, which fact was suppressed by him. On 5.2.1998, P.W.2 was beaten by the accused. P.W.2, who could not tolerate the same, consumed kerosene to commit suicide at her house. When the accused came to know about the same, he took her to Sangeetha Hospital for treatment. P.W.10, who was on duty at that time in the said hospital, gave treatment to her and Ex.P.5 is the medical report therefor. When P.W.2 was hospitalised, the accused took P.W.1 to his house on the guise to fetch food from the house to the hospital. When he took her home on the same day at about 6.00 p.m., he forcibly committed sexual assault on her and tied Thali to P.W.1 also. After the return of P.W.2 from the the hospital, P.W.1 was also staying in the same house. Since, she did not have regular periods, entertaining suspicion, she admitted herself in G.B.Hospital run by P.W.7 on 26.7.1998 and complained of pain and stoppage of menstrual period. She was subjected to medical examination. At the time of medical examination, it was found that she was two or three months pregnant. She has deposed that it was missed abortion. When P.W.11, Sub Inspector of Police, was in-charge of Pothanur Police Station, P.W.1 lodged a complaint, which was marked as Ex.P.1. On the strength of the same, a case in Crime No.93/99 under Sections 366, 376, 313 and 498 I.P.C was registered against the accused. The F.I.R., Ex.P.6 was despatched to concerned Court. P.W.12, Inspector took up investigation, proceeded to the spot and prepared observation mahazar in the presence of the witnesses and rough sketch also. He examined the witnesses and recorded the statements. The next day, he arrested the accused and remanded him to Judicial custody. P.W.1 complainant was sent for medical examination, who was examined by P.W.9 and a report has been marked as Ex.P.4. The accused was also medically examined in respect of his potency and found to be positive. P.W.12, Inspector of Police took up further investigation, enquired the witnesses and recorded their statements and he also examined the medical officers referred to above. On completion of the investigation, he laid charges under Section 498A, 366 and 376/1 I.P.C. against the appellant.

(3.) In order to prove the charges levelled against the appellant, 12 witnesses were examined and 7 exhibits were marked. No M.Os were marked. After the evidence on the side of the prosecution was over, the accused was questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses, which he flatly denied as false. No defence witness was examined. After careful consideration of the rival submissions and materials available, the trial court found him guilty under Sections 498A and 376 and sentenced him to undergo imprisonment as stated above.