NATARAJAN Vs. STATE

JUDGEMENT

(1.) THE appellant is A1 in S.C.No.26 of 1998 on the file of the Principal Sessions Court, Pondicherry. THE appeal is directed against the conviction and sentence imposed to the appellant/A1 to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for two months for the offence under Section 498A I.P.C. and rigorous imprisonment for seven years for the offence under Section 304B I.P.C.

(2.) THE brief facts that led to the filing of this appeal are as follows:-

(3.) THE learned counsel for the appellant/A1 firstly submitted that inasmuch as A2 and A3 were acquitted in respect of the case of the prosecution that instigated by A2 and A3 one month prior to the date of occurrence, A1 harassed the deceased by demanding dowry and made her to remain outside the house whole night, as no such case was made out against them, similarly, A1 also ought to have been acquitted in respect of that incident. As regards the demand of Rs.25,000/- one and half year prior to the occurrence, it is submitted by the learned counsel that it is not immediately prior to the occurrence and such a case has not been proved. As regards the other circumstances of demand of Rs.50,000/- for sending the deceased to attend the marriage of her brother Baskaran, it is submitted by the learned counsel that there cannot be any truth in that in view of the fact that even as per the evidence of P.W.1, the deceased was allowed to attend the marriage without payment of Rs.50,000/- as demanded by A1 at the intervention of one Chellaiah and Rajendran and therefore, according to the learned counsel, the cruelty and harassment of the deceased by demanding dowry have not been proved and the evidence let in through P.Ws.1 and 2, being the father and elder sister of the deceased are not reliable and P.W.3 being close friend of the deceased, the evidence of P.W.3 is also not reliable. THE learned counsel also argued that as per the evidence let in through D.Ws.1 and 2, Doctors, only due to stomach pain, with which the deceased was suffering, she committed suicide by pouring kerosene on her. D.W.1 has stated in her evidence that the deceased was given treatment by her and she issued medical certificate Ex.D-3 dated 12.11.1998 and prescriptions Exs.D-4 to D-6 dated 2.12.1996, 10.12.1996 and 4.1.1997. D.W.2 has stated in her evidence that on 3.6.1997 the deceased came to her hospital with complaint of pain in abdomen. D.W.2 admitted her in the hospital and she was given treatment for one week as in-patient. Ex.P-7 (series 1 to 8) are laboratory reports for conduct of various tests on various dates. Ex.D-8 (series 1 to 7 are the list of medicines prescribed. Ex.D-9 is the abdomen scan report and Ex.D-10 is the E.C.G. Report.