MATHIAZHAGAN Vs. STATE REP BY ASSISTANT COMMISSIONER OF POLICE, TAMBARAM POLICE STATION, KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) The convicted first accused is the appellant herein.

(2.) The case of the prosecution is that on the night of 30.05.2006 at about 9.00 pm, PW1, who is the wife of the first accused, due to a quarrel between her and the first accused, set fire to herself and sustained burn injuries. She was taken to the hospital for treatment to Deepam Hospital by the first accused from where she was referred to Kilpauk Medical College Hospital, Chennai. During the course of treatment to the deceased, a statement was obtained from her, on the basis of which, the case in Crime No. 879 of 2006 was registered on 31.05.2006 under the caption 'accidental fire'. Subsequently, inspite of the treatment, the deceased succumbed to the injuries and therefore, the case in Crime No. 879 of 2006 was altered into one of Section 306 of IPC.

(3.) After investigation, the respondent-State filed a charge sheet alleging that the first accused - Mathizhayagan and A2 - Ilangovan (elder brother of A1) have subjected the deceased to mental cruelty and harassment owing to which the deceased set fire to herself and died. In order to prove the aforesaid allegation, 14 witnesses were examined as PW1 to PW13, Exs. P1 to P14 were marked and two Material Objects were exhibited. The trial Court, after conclusion of trial, acquitted the second accused on the ground that there is no specific overt act or material made available against him. However, the trial Court held that Thennarasi (deceased), wife of the first accused was not subjected to any dowry harassment and hence, acquitted the first accused from the charge under Section 304 (B) I.P.C and also 306 I.P.C, for the reasons recorded therein. At the same time, the trial Court convicted the first accused under Section 498(A) for causing cruelty and sentenced him to undergo rigorous imprisonment for a period of one year, together with fine of Rs. 500/- in default to undergo three months simple imprisonment. Challenging the correctness of the said conviction and sentence passed by the learned Additional Session Judge, Mahila Court, Chengalpattu in S.C.No.193 of 2007, dated 29.09.2009 , the first accused has preferred this appeal.