LAWS(MAD)-1996-4-58

RAJENDRAN Vs. STATE

Decided On April 16, 1996
RAJENDRAN Appellant
V/S
STATE BY DEPUTY SUPERINTENDENT OF POLICE ARIYALUR Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30. 6. 1989 in S. C. No. 43 of 1989, on the file of Second Additional Sessions judge, Tiruchirapalli, convicting the appellants under Sec. 498-A, I. P. C, and sentencing them to undergo R. I. for two years and to pay a fine of Rs. 100 each, in default to undergo S. I. for one month. Originally, the Appellants were charged for the offences under Secs. 302, read with Sec. 34, and 498-A, I. P. C. After trial, they were acquitted in respect of the charges under Sec. 302, i. P. C, and Sec. 302 read with Sec. 34, I. P. C.

(2.) THE case of the prosecution is as follows: On the side of prosecution P. Ws. 1 to 12 were examined, Exs. P1 to P14 were marked. P. W. 1 kandasamy is a resident of Udayarpalayam. P. W. 5 Ramalingam is the uncle of P. W 1 (P. W. 1' s sister' s husband ). Deceased kasthuri is the sister of P. W. 1 and wife of A-1 Rajendran. A-2 and A-3 are the parents of A-1.

(3.) P. W. 5, Ramalingam also went to the hospital and saw the deceased and as per the advice of P. W. 2, Doctor Jayaraman, the victim kasthuri was taken to Tanjore Government Hospital. On 29. 4. 1987 at 11. 30 A. M. , p. W. 3, Doctor Sukumar examined the victim, who was found conscious. He found injuries all over her body. He issued Ex. P-2 accident register extract. To the doctor P. W. 3 also, the victim gave the details, how the fireincident had taken place in her house. She implicated A-1 to A-3 stating that they were responsible for the incident.