LAWS(MAD)-2017-1-286

KAMARAJ Vs. STATE

Decided On January 18, 2017
KAMARAJ Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The Appellant (Accused) has preferred the instant Criminal Appeal before this Court (as aggrieved person), as against the Judgment dated 11.03.2016 in S.C.No.90 of 2013 passed by the Learned Sessions Judge, Mahila Court, Salem.

(2.) The Learned Sessions Judge, Mahila Court, Salem, while passing the impugned Judgment in S.C.No.90 of 2013 dated 11.03.2016, at paragraph-27 had observed that "PW. 5 (Thangaraj) had stated that the Accused Kamaraj (Appellant) had informed that Banu Priya (his wife) should not proceed to Salem quite often". But in this regard, on behalf of the Accused (Appellant), no question was put to PW.5. Likewise, PW.1 in his evidence had clearly deposed that her daughter, after her marriage, had not gone for employment. On behalf of the Accused (Appellant side), no witnesses were examined to show that subsequent to the marriage of Banu Priya, she had gone for employment or had any relationship with other person. Therefore, the trial Court, on the basis of the witnesses examined on the side of the Prosecution (Respondent) that the Accused (Appellant) because of his habit of taking liquor and since he demanded money to be brought for purchasing a new bike, he beat Banu Priya quite often, scolded her and caused trouble to her and in regard to this, P.Ws.1 and 2, on numerous occasions, spoke to the Parents of the Accused and that on the day of occurrence, the Accused (Appellant) quarrelled with her and also caused cruelty by beating her and therefore, Banu Priya heart broken committed suicide, for which the Accused had abetted etc., and ultimately came to the conclusion that the Accused (Appellant) was guilty under Sections 498 (A) and 306 of IPC.

(3.) It comes to be known that the Accused (Appellant) was convicted and sentenced to undergo Rigorous Imprisonment for a period of three years under Sec. 498 (A) of Penal Code and further, he was directed to pay a fine of Rs. 1,000.00 (Rupees One Thousand only), in default of payment of said fine amount, he was directed to undergo further three months Simple Imprisonment. Insofar as the offence under Sec. 306 of Penal Code was concerned, the Accused (Appellant) was imposed with a punishment of ten years Rigorous Imprisonment and apart from that, he was directed to pay a fine of Rs. 2,000.00 (Rupees Two Thousand only), in default of payment of fine, he was further directed to undergo additional sentence of six months imprisonment. Moreover, the sentences were directed to run concurrently and the period already undergone by him was directed to be set off under Sec. 428 of Cr.P.C.