R.LALITHA Vs. S.SURESH KUMAR

JUDGEMENT

(1.) This criminal appeal has been filed against the order dtd. 5/10/2012 passed by the learned 6th Additional District and Sessions Judge, Madurai in C.A.No.33 of 2011 and confirm the judgment dtd. 12/5/2011 passed by the learned Judicial Magistrate II, Madurai in C.C.No.83 of 2010.

(2.) The case of the prosecution is that the first appellant/A1 is the first respondent as mentioned in C.C.No.83 of 2010 on the file of the lower Court. The marriage between the first accused and the petitioner/P.W.1 took place on 30/10/2003. The second accused is the father of the first accused and the third accused is the mother of the first accused. The fourth accused is the sister of the first accused and the fifth accused is the brother of the first accused. The marriage that took place between the first accused and P.W.1 was an arranged marriage and during their marriage, as per the request made by A1 to A5, P.W.1 family provided 45 sovereigns of gold jewels and Rs.40,000.00 cash towards dowry. Despite the same, A1 with criminal intention assaulted and strangulated P.W.1 and insisted for Rs.2,00,000.00 cash, 20 sovereigns of gold and a two wheeler as dowry and also driven P.W.1 out from her matrimonial home.

(3.) Since the parents of the victim/P.W.1 could not meet out the demand made by the accused and his family members, A1 to A5 have set on fire to the certificates belonging to P.W.1. Further, they have also harassed the victim/P.W.1 by not providing her with food and also by cutting the mangalsutra of the victim, thereby, A1 to A5 have caused cruelty both physically and mentally. The gold jewels weighing 11 - sovereigns belonging to P.W.1 were also illegally misappropriated by A1 for his personal use and also A1 threatened to kill the victim and her parents.