G. VENKATESAN Vs. THE STATE

JUDGEMENT

(1.) The Accused in S.C.No. 277 of 2006 on the file of the District Sessions Judge Mahila Court, Salem is the appellant herein.

(2.) In the Judgment dated 25.10.2007, the Learned Mahila Judge convicted the Appellant/Accused under section 304-B of I.P.C. for causing death of his wife and sentenced him to undergo 7 years of imprisonment and imposed fine of Rs. 1000/-, in default to undergo 3 months rigorous imprisonment and further convicted him under section 498-A of I.P.C. and sentenced him to undergo 3 years imprisonment and imposed fine amount of Rs. 1000/-, in default to undergo 3 years rigorous imprisonment and ordered both sentences to run concurrently.

(3.) Brief facts which led to this appeal are stated thus: The case of the prosecution case is that PW1 Raju and PW2 Aburvam were residing in Kattamaduvu Village, Krishnagiri District. They had two sons and two daughters. PW3 is their younger son. The deceased Chennammal is the younger daughter and she was married to the Accused on 06.02.2003. At the time of the marriage, the deceased was given 10 Soverign jewels and cash of Rs. 15,000/- as dowry for purchasing motor cycle to the accused. After one year of the marriage the couple had one boy aged about 1 year. The parents of the deceased also spent Rs. 10,000/- for their grandson and gifted him one soverign of gold chain and Silver ornaments. The accused used to make frequent quarrels with the deceased and demanded money and jewels from her Parents. PW2 Aburvam, the mother of the deceased and PW4 elder sister of PW2, used to advise the accused to lead peaceful family life and made conciliation's between the couples for resolving their differences. The accused took away the jewels of the deceased and pledge them for supporting his sister marriage. This resulted in serious quarrel. Hence PW1 took the deceased to his house and the deceased stayed in the house of her parents for about 9 months. After that, the parents of the deceased again sent their daughter to her matrimonial home and she was again tortured by the accused in demanding dowry of Rs. 20,000/-. The accused used to attack the deceased for no reason and call their parents to advise the deceased with regard to the dispute between them. As usual, again the accused came to the house of PW4 and requested her to advise the deceased in leading matrimonial life and not to go to her sister's house, who is leading illicit intimacy with one Venkatachalam. At about 5.00 p.m. when the Accused and PW4 came near the Erugapalli Railway Gate, the nearby residents inform the news of suicide committed by the deceased by throwing herself before a running Train.