M K PERUMAL Vs. STATE REP BY

JUDGEMENT

(1.) The appellant herein is the accused in S.C.No.224 of 2006 on the file of the learned Sessions Judge, Mahila Court, Salem, and he stands convicted for the offence under Section 498-A IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/- in default to undergo three months rigorous imprisonment and also convicted for the offence under Section 324 IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/- in default to undergo three months rigorous imprisonment and both the sentences were ordered to run concurrently. Aggrieved by the said conviction and sentence passed by the learned Sessions Judge, Mahila Court, Salem, the appellant has preferred this Criminal Appeal before this Court.

(2.) The respondent police has filed final report against the accused alleging demand of dowry thereby subjected the victim girl-P.W.1 to cruelty and when P.W.1 along with her father proceeding to the office of the Superintendent of Police to attend the enquiry in the complaint given against the accused, at that time, the accused, with knife, assaulted P.W.1 and caused injury on her on 05.09.2003.

(3.) The suggestive case of the defence is that the accused and P.W.1 belonged to different castes and they married out of love affair, which was not accepted by the father of P.W.1 and hence, three months after the marriage, the father of P.W.1 took her to his house and gave a complaint before the police station and thereafter, a false case has been foisted against him as if he has assaulted P.W.1 and in the name of dowry, he harassed P.W.1.