VENKATESH Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal filed as against the judgement dated 02.07.2007 made in S.C.No.274 of 2005, thereby convicting the appellant under Section 498-A of Indian Penal Code and sentence him for three years rigorous imprisonment and pay a fine of Rs. 5,000/- in default to undergo six months rigorous imprisonment.

(2.) The case of the prosecution is that P.W.1 is the mother of the deceased and the deceased was married to her first husband and thereafter they got divorce. The accused used to visit P.W.1's house very often and he is none other than own brother of P.W.1. The accused wanted to marry the deceased. Even though there was an objection from P.W.1's family, they lived together and got married. After some period of time, the accused suspected the deceased fidelity, since she was a divorcee. After the period of 17 years from their marriage, the deceased used to make complaint against the accused and she refused to be there in the matrimonial house. After elders' advice and panchayat, the deceased was with the appellant for some time and thereafter, she lodged a complaint before the All Women Police Station, Gandhipuram for the cruelty committed by the accused and for the allegation that the accused suspected her fidelity and used to beaten up her.

(3.) While being so, on 08.06.2005, when P.W.5, the neighbour of the deceased, was in her house at about 1.30 p.m., she heard some noise from the deceased house. When she came out from her house, she had seen the deceased with burn injury. In the mean time, P.W.1 the mother of the deceased also came there and poured water on her. When P.W.1 enquired the deceased about setting fire on her by herself, she stated that the appellant suspected her fidelity and also scolded her with the allegation that the deceased was having illicit relationship with her employer one Dhandapani and very often used to quarrel with her and also used to beaten up her. Therefore, she herself poured kerosene and set fire. Thereafter, she was taken to the Government Hospital Coimbatore for treatment.