FLORAMARY Vs. STATE

JUDGEMENT

(1.) Since these two appeals are filed challenging the judgment and order passed in S.C.No.64 of 2018 dtd. 23/1/2021 on the file of the Sessions Judge, Fast Track Mahila Court, Dindigul, which emanated from the same crime number in Crime No.490 of 2016 on the file of the respondent police, these appeals are taken up together and disposed of by way of common judgment.

(2.) The first appellant/A1 is the husband of the deceased and A3 is the sister-in-law of the deceased. A1 filed Crl.A(MD)No.96 of 2021 challenging the conviction and sentence passed against him under Sec. 302 IPC to undergo Life Imprisonment along with a fine of Rs.15,000.00 in default to undergo six months simple imprisonment. A3 filed Crl.A(MD)No.84 of 2021 challenging the conviction and sentence passed against her under Sec. 302 r/w. Sec. 109 IPC to undergo Life Imprisonment along with a fine of Rs.15,000.00, in default, to undergo six months simple imprisonment.

(3.) The case of the prosecution is that two years before the date of occurrence, ie., on 5/7/2016, the marriage between the deceased and A1 was solemnized in Vadipatti Church in accordance with the Christian rights. Within six months from the date of marriage, the relationship between the deceased and her husband, in-laws, was constrained. So, she left the matrimonial home and made a police complaint to P.W.15, under Ex.P.23 on 24/5/2016 and the same was enquired and advised the husband and in-laws of the deceased not to harass her. But, on 1/6/2016, A3 and others made harassment and hence she made another complaint on the same day to P.W.19 against her in-laws stating that they assaulted her. In the enquiry, the Police Officer advised the appellant/husband to arrange separate residence and asked the deceased to live with her parents and hence, the deceased went to her house. After 34 days, the deceased was called by A1 over phone to come for obtaining the Aadhar Card and also asked her to bring food to his workshop situated at Mettupatti Viyakulamatha Temple, Begambur. Immediately, the deceased informed the above fact to her mother P.W.1 and left the house. Subsequently, when P.W-1 tried to reach her through phone, the deceased did not pick up her phone upto 8 p.m., and duly informed by some identified person about her death in the workshop of A1. Thereafter, P.W.1 went to Government Hospital and found that the deceased sustained injuries in all over the body and with sign of strangulation. So, P.W.1 went to the respondent police station and gave a complaint to P.W.19.