KARUPPASAMY Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this Criminal Appeal is to the conviction and sentence dated 14th June, 2013 passed in Sessions Case No.95 of 2009 by the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur.

(2.) THE nubble of the case of the prosecution is that the appellant/first accused by name Karuppasamy is the husband of the deceased Nithya and both of them have loved each other and subsequently got married. Both the accused and deceased have been blessed with two female children. After some time, the accused 1 to 3 have consistently demanded five sovereigns of gold jewels and Rs.5,000/ - by way of dowry from the deceased and thereby made frequent dowry torture. On 25.05.2008, the deceased has given a complaint in All Women Police Station, Rajapalayam against all the accused and the same has been registered in Crime No.5 of 2008 and after investigation, a final report has been filed on the file of the Judicial Magistrate Court No.II, Srivilliputhur. Due to compromise, all the accused have been acquitted. The appellant/first accused has intended to marry another lady and due to his intention he made a false allegation against the deceased by way of saying that she has had illicit conduct and frequent quarrels have had happened. On 18.03.2009 at about 05.00 pm, in the house of second accused, all the accused have contrived themselves to murder the deceased and in pursuance of their conspiracy, on the same day at about 09.15 pm, the appellant/first accused has pressed face of the deceased by using a pillow. After hearing mutter of the deceased, the accused has doused kerosene on her body and set her ablaze and due to overtacts committed by the appellant/first accused, she passed away. After occurrence, the defacto complainant by name Ganesan has given a complaint and the same has been marked as Ex.P16 through PW17, Investigating Officer.

(3.) ON receipt of Ex.P16, PW17 has registered the same in Crime No.140 of 2009 and taken up investigation. The concerned Revenue Divisional Officer (PW13) has conducted inquest. After inquest, PW12, concerned doctor has conducted autopsy. The Investigating Officer (PW17) after completing investigation has laid a final report on the file of the Judicial Magistrate Court, Rajapalayam and the same has been taken on file in PRC No.23 of 2009.