SEKAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment dated 04.09.2007 passed in S.C.No.102 of 2007 by the Additional Sessions Judge, (Mahila Court), Trichy.

(2.) The accused No.1 is alleged to have harassed his wife by joining with accused No.2 and also instigated her for commission of suicide. The accused were prosecuted in the Additional Sessions Court. Ultimately, the Trial Court after appreciating the evidence, found the appellants guilty under Section 306 IPC and sentenced to under 3 years R.I. and to pay a fine of Rs.1000/-, in default, to undergo further period of one months R.I.

(3.) The case of the prosecution is that the marriage between the first accused and the deceased viz., Saroja was solemnized three years prior to the date of occurrence. Earlier, the first accused married another woman viz., Kavitha and due to some misunderstanding between them, the said Kavitha left the first accused. Thereafter, the first accused married the deceased. As the first accused was having illegal intimacy with the second accused, the deceased questioned the same. Due to the which, the first accused joining with the second accused, has harassed the deceased and instigated her to commit suicide. So the deceased preferred a complaint before the All Woman Police Station, Musiri. After mediation between the husband and the family members of the deceased at the Police Station, the first accused gave assurance to lead a peaceful life with his wife. Thereafter, on 12.02.2006, due to harassment at the hands of accused Nos.1 and 2, the deceased committed suicide by hanging.