DHARMALINGAM Vs. STATE

JUDGEMENT

(1.) APPELLANTS, two in number, who are husband/A1 and mother-in-law/A3 of the deceased respectively, stand convicted in S. C. No. 68 of 2005 for the offence under Sections 498-A and 302 read with 34 I. P. C, and under Section 4 of the Dowry Prohibition Act, for which they were sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 1,000/- each, in default, six months rigorous imprisonment; life imprisonment with a fine of Rs. 2,000/- each, in default six months rigorous imprisonment; and rigorous imprisonment for two years with a fine of Rs. 1,000/- each, in default, six months rigorous imprisonment. Therefore, they are before this court in this appeal. For the sake of convenience, the appellants are referred to as A1 and A3 respectively. According to the prosecution the occurrence took place at about 10. 00 p. m. on 29. 8. 2004. Their case is, A1 caught hold of the deceased; A3 poured kerosene on the deceased and then A2 threw a lighted matchstick on the deceased resulting in her death on 4. 9. 2004. To prove their case, the prosecution examined P. Ws. 1 to 16 besides marking Exs. P1 to P15 and M. Os. 1 to The defence had let in documentary evidence Ex. D1. (a) P. W. 1 is the father of the deceased Kumari alias Jayakumari. P. W. 1's evidence is that his daughter is the wife of A1. On the next day of occurrence, at about 11 am, he received information that the deceased was admitted in the Government Hospital at Erode. Immediately, he proceeded to the Government Hospital at Erode and enquired the deceased about the occurrence. The deceased informed that A1 to A3 poured kerosene on her and set fire. She succumbed to the injuries on 4. 9. 2004. (b) P. W. 2 is the mother of the deceased. She deposed that sixteen years before, the deceased was married to the accused and got a boy, P. W. 6, studying at 8th standard at the time of occurrence. The deceased was harassed for dowry. Three months prior to the occurrence, Panchayat was conducted and thereafter, she was sent to her in-laws house, along with P. W. 6, who was studying in her house. At about 10 pm on 29. 8. 2004, P. W. 6 came to her house stating that all the accused were harassing the deceased demanding dowry and that they would set her on fire by pouring kerosene or throw her in the river, if she reveals about the harassment to anybody. On the next day, on receiving the telephonic information, she went to the Hospital, where, the deceased informed her that the accused were harassing her demanding dowry and while A1 caught hold of her hands and A3 poured kerosene, A2 threw the lighted matchstick on her. (c) P. W. 3 is the brother of the deceased. He stated about the cruelty the deceased was subjected to at the hands of the accused for dowry and about the statement given by the deceased in the hospital that A2 and A3 caught hold of her hands and A1 poured kerosene and set fire on her. (d) P. W. 4 is the younger brother of the deceased. He deposed that on receipt of telephonic information about the admission of the deceased in the hospital with burn injuries, he went to the hospital, wherein he was informed that A1 caught hold of her hands, A3 poured kerosene and A2 set fire on her, demanding dowry. He has also attested his signature to the observation Mahazar, Ex. P1. (e) P. W. 5, maternal uncle of the deceased, also deposed about the statement given by the deceased that A1 caught hold of her hands, A3 poured kerosene and A2 set fire on her, demanding dowry. He attested his signature to the Mahazar for seizure of M. Os. 1 to 4, Ex. P2 and Rough Sketch, Ex. P13. (f) P. W. 6 is the son of the deceased and A1. He deposed that all the accused harassed the deceased several times demanding dowry. He was studying at his maternal grand parents house. Three months prior to the occurrence, when the deceased was staying at her parents place, a panchayat was conducted, wherein it was decided to leave the deceased in the house of the accused, along with P. W. 6, so that there would not be any quarrel between the deceased and A1. Even thereafter, the accused were beating the deceased demanding dowry. On the date of occurrence, the accused were harassing the deceased to bring jewels and cash, and threatened her stating that they would set fire on him and the deceased by pouring kerosene or would throw them in the river. When A2 and A3 left the house, P. W. 6, fearing danger to his life, went to the house of P. Ws. 1 and

(2.) NEXT day, he was informed by A1 over telephone that the deceased sustained burn injuries and therefore, admitted in the hospital. He went to the hospital at Erode. The deceased told him that A1 caught hold of her hands, A3 poured kerosene and A2 set fire on her, demanding dowry. (g) P. W. 7 is the neighbor of the accused. She deposed that on hearing the alarm of A3, she went to the place of occurrence and saw the deceased with burn injuries. (h) P. W. 8, maternal uncle of the deceased, deposed about the harassment borne by the deceased at the hands of the accused for dowry. (i) P. W. 14, Head Constable of Bhavani Police Station, on the information received from Government Hospital at Erode, went to the hospital and enquired the deceased and recorded her statement, Ex. P9 and after reading over to the deceased and affirming it to be right, got her left thumb impression in it. He handed over the said statement to Sub Inspector for further action. Thereafter, he handed over the said statement to the Inspector of Bhavani All Women Police Station, P. W. 16 on 31. 8. 2004. (j) Ex. P3 is the requisition received from the Hospital. Accordingly, P. W. 9 proceeded to the hospital where she found the deceased as an inpatient. P. W. 10, duty doctor was also present there. By examining the deceased, P. W. 9 got herself satisfied that the deceased was in a fit and conscious state of mind to give a statement. She also personally questioned the victim about her family details. Then the deceased disclosed to P. W. 9 that two days prior to the occurrence, A1 beat her demanding Rs. 20,000/- and jewels and on the date of occurrence, at about 10 pm, since P. W. 6 was not available, she was tortured for the same and A1 tied her hands at the backside, A3 poured kerosene and A2 set fire on her and further, it was stated in the hospital at Bhavani that the deceased was mentally unsound and she had self-immolated and there was dowry harassment from the time of her marriage. After recording the statement, it was read over to the deceased and took her left thumb impression in it. Ex. P5 is the said dying declaration of the deceased. The certificates given by P. W. 10, about the fit and conscious state of mind of the deceased, both prior to giving the Judicial dying declaration during and after recording the judicial declaration are Exs. P4 and P6. (k) P. W. 16, Investigating Officer, on receiving the statement of the deceased, Ex. P9 and intimation from the Government Hospital, Erode, Ex. P11, registered a case in Crime No. 4 of 2004 under Section 498(A) and 506(ii), IPC and Section 4 of the Dowry Prohibition Act. Ex. P12 is the printed First Information Report. Thereafter, he commenced the investigation by reaching the crime scene. He prepared Ex. P1, Observation Mahazar and Ex. P13, rough sketch. Under mahazar, Ex. P2, he seized M. Os. 1

(3.) WHEN the accused were questioned under Section 313 of the Code of Criminal Procedure, on the basis of the incriminating materials made available against them, they denied each and every circumstance put up against them as false and contrary to facts. As already noted, documentary evidence, Ex. D1 was brought before court at their instance. The learned trial judge, on perusal of the materials, oral and documentary and after hearing both sides, convicted and sentenced the appellants as aforementioned. Hence, the present appeal.