ALAGESAN Vs. STATE OF MADRAS

JUDGEMENT

(1.) Accused in S.C. 82/95 on the file of Principal Sessions Judge, Trichy is the appellant. By judgment dated 24.7.96 Appellant/Accused was convicted for the offence punishable under Sections 304(B) and 498(A) I.P.C. and sentenced to rigorous imprisonment for seven years. The trial court acquitted him of the charge under Section 302 I.P.C.

(2.) P.W. 1 Dharmalingam is the father of the deceased Arangee and father-in-law of the accused. Marriage between the accused and deceased Arangee was solemnised in 1990. At the time of marriage, P.W. 1 has given her Seervarisal. There was no demand of dowry at that time. Thereafter accused started ill-treating Arangee, demanding for more dowry and she was also driven away from the house. Panchayats were held in this regard. Neighbours P.Ws. 3 Periyasamy, P.W.4 Selvaraj and Panchayatar P.W.6 Ariyamuthu were examined to prove the demand of dowry.

(3.) Further case of prosecution is that on 6.8.1993-12.00 noon the accused has taken the deceased Arangee to Kadambur fallow land belonging to Sivan Temple which is in the possession of one Marudhanayaham Pillai. The accused is alleged to have inflicted cut injuries with M.O.1-aruval on deceased Arangee. P.W.5-Chinnappillai was examined to speak that the deceased was last seen alive in the company of the accused. P.W.12 was examined to speak that he saw the accused on 6.8.1993 at 4.00 p.m. coming with aruval then washing the same in a pool. P.W.10-Karuppiah is alleged to have seen the accused running from East and boarding ASIA bus. P.W.10 and P.W. 11 Alagappan had turned hostile.