BASHEER AHAMED; SYED KHADAR; SAMSHAD BEGUM Vs. STATE

JUDGEMENT

(1.) The appellants are accused 1 to 3 in S.C.No.232 of 2008, on the file of the learned Sessions Judge, Mahila Court, Chennai. They stood charged for offences under Sections 498(A), 304(b) & 406 I.P.C. By judgment dated 29.01.2013, the trial Court convicted all the three accused under all the three charges and sentenced A.1 to A.3 to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three months for the offence under Section 498(A) I.P.C; A.1 to A.3 to undergo rigorous imprisonment for one year for the offence under Section 406 I.P.C; A.1 to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months and A.2 & A.3 to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- each in default to undergo simple imprisonment for six months for the offence under Section 304(b) I.P.C. The trial Court ordered to run the said sentences concurrently. Challenging the said conviction and sentence, the appellants/A.1 to A.3 are before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) The case was taken up for investigation by P.W.13. He proceeded to the place of occurrence and prepared an observation mahazar and a rough sketch at the place of occurrence in the presence of P.W.7 and another witness. From the place of occurrence, he recovered a kerosene can (M.O.1); a half burnt full hand shirt (M.O.2); a half burnt Dupatta (M.O.3) match box with match sticks (M.O.4) and half burnt screen (M.O.5), under a mahazar, in the presence of same witnesses. Then, he forwarded all these material objects to Court. On 28.11.2006, P.W.13 received intimation that the deceased died due to the extensive burnt injuries at 11.15 pm, in the hospital and therefore, he altered the case into one under Sections 498(A), 406 & 304(B) I.P.C., and handed over the case diary to P.W.14 for further investigation.