RAJA Vs. DEPUTY SUPERINTENDENT OF POLICE, KRISHNAGIRI DISTRICT

JUDGEMENT

(1.) The accused in S.C.No.97 of 2008 on the file of the Assistant Sessions(Chief Judicial Magistrate) Court, Krishnagiri are the appellants herein. They stood charged for the offences under Sections 498(A) and 304(B) Penal Code and Sec. 4 of Dowry Prohibition Act. By judgment, dated 13.02.2009, trial court, convicted both the accused under Sections 498-A, 304(B) Penal Code and 4 of Dowry Prohibition Act and sentenced them to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.1000.00, in default, to undergo simple imprisonment for 3 months for the offence under Sec. 498-A Penal Code and sentenced them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.2000.00, in default, to undergo simple imprisonment for 6 months for the offence under Sec. 304-B Penal Code and sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.2000.00, in default, to undergo simple imprisonment for 3 months for the offence under Sec. 4 of Dowry Prohibition Act. Challenging the above said conviction and sentence, the appellants/accused are before this Court with this Criminal Appeal.

(2.) Today, the learned Government Advocate(Crl. side) appearing for the respondent would submit that pending appeal, the second Appellant Muniappa Gounder died on 29.06.2016, and she has also filed a memo along with the death certificate. Recording the same, the appeal against A2 is dismissed as abated.

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