SADAYAPPA KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed against the judgment in S.C.No.162 of 2002 on the file of Additional District and Sessions Judge (Fast Track Court No.V) Coimbatore at Tiruppur. The accused is the appellant herein. The charge against the accused is that the deceased who was the wife of the accused made an attempt to committing suicide by hanging on 16.2.2001 at about 8.00 a.m., and she died in the hospital at 3.45 p.m., on the same day. The cause for the deceased to take such an extreme step of committing suicide by hanging, according to the prosecution, is that the deceased was subjected to cruelty and harassment by her husband the accused insisting her to bring dowry and scooter from her parents house. The accused has been charged under Sections 498 -A and 304 -B, IPC read with 4 of Dowry Prohibition Act. The trial Court has acquitted the accused for the charge under Section 4 of the Dowry Prohibition Act on the ground that the said charge was not proved against the accused.

(2.) AFTER following the procedure of furnishing copies under Section 207, Cr.P.C., and after framing relevant charges as stated above, the learned trial Judge questioned the accused for which the accused pleaded not guilty.

(3.) BEFORE the trial Court, P.Ws. 1 to 19 were examined. Exs. P.1 to P.11 and M.O.1 to M.O.3 were marked. No oral evidence was let in on the side of the accused. After going through the evidence both the oral and documentary, the learned trial Judge has convicted the accused under Section 304 -B and under Section 498 -A of IPC and sentenced to undergo seven years rigorous imprisonment under Section 304 -B and sentenced to undergo three years rigorous imprisonment under Section 498 -A of IPC besides slapping with a fine of Rs.5000/ - with default sentence which necessitated the appellant to prefer this appeal.