A. RAJKUMAR Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been preferred as against the Judgment and Conviction, dtd. 23/11/2016, passed in Sessions Case No.25 of 2003 by the learned Sessions Judge, Fast Track Mahila Court, Kanyakumari at Nagercoil, wherein, the Trial Court has convicted the Accused for the offences under Ss. 498-A & 304-B, I.P.C. read with Sec. 4 of the Dowry Prohibition Act. In the Trial Court, the Appellant was arrayed as the First Accused and the brother of the First Accused viz., Kanagaraj was arrayed as the Second Accused. During pendency of the case, the Second Accused died and Charges abated against him.

(2.) The Prosecution case is that the First Accused got married to deceased Viji @ Raj Kokila. The Second Accused is the brother of First Accused. The marriage between the First Accused and the deceased Viji @ Raj Kokila was solemnized on 4/9/1997. At the time of marriage, a sum of Rs.1,50,000.00 and 25 sovereigns of Gold Jewels were presented as dowry and also 20 cents of land was given to the First Accused. After the birth of two children, the First Accused demanded Rs.1.00 lakh and 15 sovereigns of Gold Jewels from the deceased Viji @ Raj Kokila through her Parents. The said demand of dowry was informed to the Parents of the deceased. When the same was questioned by the Parents of the deceased, the First Accused told them that if their daughter has to live happily, they have to pay the demanded dowry. Due to continuous harassment made by the First Accused, the deceased committed suicide on 12/5/2001 at about 9.30 p.m., by self-immolation. Thereafter, the deceased was taken to various Hospital whereas lastly, she was admitted in Trivandram Medical College & Hospital, but, on 13/5/2001 at about 8.45 a.m., she died in the Hospital. Thereafter, the father of the deceased/PW1 has given a Complaint before the Police and the PW16 has registered a First Information Report/Ex.P10 in Crime No.460 of 2001 and thereafter, PW17 has investigated the case and PW18 further investigated the case and filed a Final Report as against the Accused for the offences under Ss. 498-A & 304-B, I.P.C. read with Sec. 4 of the Dowry Prohibition Act.

(3.) After filing of the Final Report, the copies of records relied on by the Prosecution were furnished to the Accused under Sec. 207, Cr.P.C. Thereafter, the case was committed to the Sessions Court, Kanyakumari at Nagercoil and the Sessions Case No.25 of 2003 was assigned and then, the case was made over to the Fast Track Mahila Court, Kanyakumari at Nagercoil.