KALYANI AMMAL Vs. STATE

JUDGEMENT

(1.) THE appellant who is the sole accused was tried and convicted for the offence under Section 302 IPC to undergo imprisonment for life by the Learned Sessions Judge, Nagapattinam.

(2.) THE brief facts of the case are as follows:- THE deceased was married to Rajendran, P. W. 4 about Three years prior to the occurrence i. e. , on 5. 7. 1990. When P. W. 1, the mother of the deceased came to invite the deceased and her husband P. W. 4 for "thalai diwali", P. W. 4 did not accompany her and the deceased alone went to her mother's house. At that time though P. W. 4 informed that he would come later to join her, he did not go there. THEreafter the deceased did not return to the matrimonial house and stayed in her mother's house for Two years. P. W. 1, mother of the deceased lodged a complaint, Ex. P. 1 on 13. 3. 1991 in the Sembanarkoil police Station alleging dowry harassment by P. W. 4, his parents and brother. P. W. 4, husband of the deceased filed a divorce petition in O. P. no. 28 of 1991 against the deceased in the Court of Subordinate Judge, Myladuthurai and p. W. 20, Vijayakumar appeared for the deceased. THEreafter, P. W. 4 made an endorsement that he and his wife have compromised and withdrew the divorce petition. On 1. 8. 1991 the deceased, her husband, PW. 4 and villagers gave a petition Ex. P. 12 to stop further action on the complaint of the deceased. THEreafter, 1 months prior to the occurrence, a Panchayat was held in the presence of P. Ws 10 and 11 in which P. W. 1, the mother of the deceased paid rs. 8,000/= to the accused and her family and thereafter the said complaint was withdrawn by the mother of the deceased and the deceased was sent to the matrimonial house about one and half months prior to the occurrence. THE in-laws of the deceased and her husband were living in the same house.

(3.) ON the oral and documentary evidence adduced by the prosecution, the learned Sessions Judge, Nagapattinam convicted the accused for alleged offence under Section 302 IPC and imposed imprisonment for life. Hence the appeal.