AYYANAR Vs. STATE

JUDGEMENT

(1.) A-1 and A-2 in S. C. No. 108 of 1997 on the file of the learned Assistant Sessions Judge, Panruti, are the appellants. They have come forward with this appeal challenging their conviction and sentence passed by learned Judge by the judgment dated 11. 9. 1998 convicting them under Section 304 b IPC. and sentencing them to seven years rigorous imprisonment.

(2.) THE brief facts of the case, as projected by the prosecution, are as follows:- A-1 is the husband of the victim in this case, as both of them got married on 26. 10. 1994. A-2 is the mother of A-1. P. W. 2 is the father of the deceased, P. W. 3 is the mother and P. Ws. 4 and 5 are the sister and brother of the deceased. According to P. Ws. 2 and 3, the father and mother of the deceased, the deceased and A-1 got married on 26. 10. 1994 and at the time of marriage, though the accused demanded five sovereigns of jewellery, P. Ws. 2 and 3 have given only four sovereigns of jewellery, as they could not give one more sovereign of jewellery and therefore, A-1 and A-2 treated the deceased cruelly, as a result, the deceased informed her parents, viz. , P. Ws. 2 and 3, in respect of the cruel treatment made by A-1 and A-2. It is also further alleged that a-1, the husband of the victim, said to have demanded Rs. 10,000/- for setting up a separate family and even this was also said to have been informed by the deceased to her parents, P. Ws. 2 and 3 and both of them informed that they are not in a position to pay such an amount of Rs. 10,000/ -. It is also stated by p. Ws. 2 and 3 that out of the wedlock of A-1 and the deceased, a female child was born and after birth of the female child, there were frequent quarrels between the accused and the deceased. P. W. 2, the father of the deceased, stated that the deceased used to come to his house and also informed about the conduct of A-1 and A-2. P. W. 3, the mother of the deceased, further stated that three months prior to the occurrence, the deceased came to her house and thereafter, returned back to the matrimonial home and on 3. 11. 1996, the brother of A-1 came there and informed that the deceased consumed poison. THEreafter, P. Ws. 2 and 3 went to a private hospital and from there, they went to Government Hospital , panruti, where they found the deceased died.

(3.) P. W. 10 arrested A-1 on 11. 1. 1997 at 5. 00 p. m. at kuchipalayam Junction and A-2 obtained anticipatory bail. P. W. 10 also sent the altered first information report, Ex. P-18, to the Court. After receipt of the chemical examination report, P. W. 10 also examined the doctors, P. Ws. 6 and 7 once again. After completion of the investigation, P. W. 10 filed charge sheet against A-1 and A-2 on 31. 1. 1997 under Section 304 B IPC.