SARASWARTHI Vs. STATE

JUDGEMENT

(1.) The Appellants/A1 and A2 have preferred the instant Criminal Appeal before this Court as against the Judgment dated 18.05.2015 in S.C.No.13 of 2013 passed by the Learned Sessions Judge, Mahila (Fast Track) Court, Udhagamandalam.

(2.) The Learned Sessions Judge, Mahila (Fast Track) Court, Udhagamandalam, while passing the impugned Judgment in S.C.No.13 of 2013 on 18.05.2015, at paragraph 23, had, inter alia, observed that '... Ex.P7 - Complaint was recorded in the presence of Kothagiri Government Hospital Doctor and that Dying Declaration - Ex.P5 was recorded by the Learned Judicial Magistrate at Coimbatore Government Hospital and based on these two documents, Loganayaki, who was studying in 12th standard, had loved Chandrasekar (P.W.10) and that the P.W.10's mother viz., the 1st Accused, Saraswathi (1st Appellant) and his Aunt, the 2nd Accused (2nd Appellant) had scolded Loganayaki (deceased) in harsh, unparliamentary words and also criminally intimidated because of which Loganayaki took kerosene from her house poured on her body and set fire to herself and prior to her death, she was in a conscious state and for setting fire to herself, she had categorically stated that the Accused were responsible for that and the same was proved etc. and resultantly, found the Appellants/A1 & A2 guilty in respect of the offences under Sec. 294(b), 506(i) and Sec. 306 I.P.C.

(3.) In fact, the trial Court had imposed a fine of Rs. 1,000.00 each to the Appellants/A1 and A2 in respect of the offence under Sec. 294(b) I.P.C., in default of payment of the said fine amount, they were directed to undergo Simple Imprisonment of one month each and in respect of the offence under Sec. 506(i) I.P.C., they were imposed with a fine of Rs. 1,000.00 each, in default of payment of fine, they were directed to undergo Simple Imprisonment for one month each. In so far as the offence under Sec. 306 I.P.C. is concerned, the trial Court had awarded a sentence of one year Rigorous Imprisonment each to the Appellants/A1 and A2 and also imposed with a fine of Rs. 1,000.00 each, in default of payment of said fine amount, they were directed to undergo three months Simple Imprisonment each. Further, the period already undergone by the Appellants/A1 & A2 from 29.12.2011 to 07.01.2012 was directed to be set off by the trial Court under Sec. 428 Cr.P.C.