BALASUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Sessions Division, Nagapattinam, made in S. C. No. 111/2007 whereby the sole accused/appellant stood charged, tried and found guilty under section 498 (A), 302 r/w 109 and 201 IPC and awarded three years rigorous imprisonment, life imprisonment and 5 years rigorous imprisonment respectively along with fine and default sentences. The sentences are ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADVANCING the arguments on behalf of the appellant the learned counsel would submit, in the instant case, the prosecution has miserably failed to prove its case. The gist of the case of the prosecution was that the accused/appellant along with his mother harassed the deceased Banumathi, wife of the appellant for not satisfying the dowry demand. It is also the further case of the prosecution that at the time of occurrence, the mother-in-law of the deceased thrust the boiled rice into the mouth of the deceased and caused asphyxia and thereby caused her death and in order to screen the evidence, both the accused took the dead body of the deceased and thrown it into the tank. The dead body was taken out from the tank by the third parties. In order to substantiate the above charges insofar as the dowry harassment was concerned, there was no evidence at all.