GANESAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed as against the judgment dated 24.03.2008 made in S.C.No.13 of 2006 on the file of the learned Sessions Judge, Mahila Court, Omalur, thereby convicting the appellants/accused 1 and 2 for the offences under Section 498(A), 304(B) and 306 of IPC and sentencing each of them to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- each, in default of payment of fine to undergo Rigorous Imprisonment for three months for the offence under Section 498(A) of IPC, to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- each, in default of payment of fine to undergo Rigorous Imprisonment for three months for the offence under Section 306 of IPC, and to undergo Rigorous Imprisonment for seven years each, for the offence under Section 304(B) of IPC.

(2.) The case of the prosecution is that P.W.2, the father of the deceased had given her daughter to the first accused in marriage on 13.11.2000 and also presented 10 sovereign jewels and Rs. 10,000/- cash along with household articles worth about Rs. 1,00,000/-. The first accused and the deceased were living in the matrimonial home and after six months the first accused further demanded 5 sovereign of gold and Rs. 10,000/- cash as dowry. Thereafter, there was quarrel between them and after panchayat she was left in the matrimonial home. Even then, she was thrown out to the parental house before six months from the date of her death. On 29.05.2003, the deceased went to the first accused house and due to dowry harassment and cruelty committed by the accused, she fell into the pond and committed suicide on 30.05.2003.

(3.) Therefore, P.W.2 lodged a complaint Ex.P1 on 31.05.2003, before the respondent police. In the mean while, on 30.05.2003, P.W.1, the Village Administrative Officer on the information, found the body of the deceased in the pond and lodged a complaint to the respondent police station and on receipt of the same the respondent registered the case under Section 174 of Cr.P.C. On the complaint of P.W.2 the case has been altered for the offence under Sections 306, 498(A) and 304(B) of IPC against five accused persons. After examining the witnesses, the respondent filed charge sheet for the above said offences. The accused denied the same and claimed the trial.