BABULAL Vs. STATE

JUDGEMENT

(1.) (PRAYER: Appeal filed to set aside the order of the II Additional Sessions Judge, Chennai in S.C.No.108 of 1998 dated 15.11.1999.) Originally, there were three accused in the case, A-1 and A-2 are the in-laws of the deceased. A-3 is the sister-in-law of the deceased. The deceased after her marriage, on 12.12.1994, was living at the scene of occurrence. Her husband was working as a manager in a Company. The deceased at the time of her death was having one year old child.

(2.) A-1 and A-2 have been convicted for an offence under Sections 498 and 304-B IPC and sentenced to undergo three years and seven years respectively. A-3 had been acquitted by the trial Court. Both A-1 and A-2 preferred appeal. Pending appeal, on 16.02.2004, the first accused died. The learned Government Advocate produced the death certificate and confirmed the death of the first accused. On account of that the offence committed by the first accused abates and the only appellant is A-2, who is the mother in-law of the deceased.

(3.) THE learned counsel appearing for the appellants submit that P.W.1 to P.W.3 did not improve the case of the prosecution and they are a formal witness for reporting the occurrence to the police. P.W.4 and P.W.5 are the brothers of the deceased and on the issuance of summons, they have reached the place of occurrence on 12.04.1997. THEir statements were recorded by the Tahsildar, as well as the investigating officer. In the evidence, they have stated about the performance of the marriage of the deceased and as per their customs, they have given six sovereigns of gold, a bureau and a dressing table.