K SURESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The convicted accused 1 to 3 are the appellants herein. They are convicted for the offence under Section 498A IPC and sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs. 5,000/- each, in default, to undergo 3 months Rigorous Imprisonment and the accused 1 to 3 were found not guilty for the offence under Section 306 IPC and under Section 4B of Tamil Nadu Prohibition of Harassment of Women Act.

(2.) After investigation, the respondent had filed Final Report before the trial Court. After observing the formalities, the case was numbered as S.C.No.17 of 2010. After framing charges, the trial has been conducted and the appellants were convicted for the offence as stated supra.

(3.) The case of the prosecution is that one Nithya was married to the 1st accused/appellant Suresh on 27.08.2007 and that, after their marriage, the said Nithya was ill-treated by the husband Suresh (A1), Kannan/Brother-in-law (A2), Anusuya/Mother-in-law (A3) and Manoranjitham/ Sister-in-law(A4). Further, she was also subject to severe scolding by the accused 2 to 4 for not getting conceived even after 6 months of marriage and that the 1st accused had kicked her for sitting in chair in front of her mother-in-law and that, the 4th accused used to scold her when she used to visit and hence, by the above acts of the appellants have given physical and mental torture to the deceased Nithya and hence, they have committed an offence under Section 498-A of IPC. Further, it is the case of the prosecution that on 09.01.2009, when the deceased Nithya sought permission to go to her parents house, the same was refused by the accused on flimsy ground and that the accused tortured her and hence, a charge under Section 4-B of the Tamil Nadu Prevention of Harassment of Women Act and further because of the above mentioned incidents all the accused had abetted the said Nithya to commit suicide and hence, they have committed an offence under Section 306 IPC.