RAJA Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the verdict of conviction in S.C.No. 135/2006 whereby the appellant/accused was convicted for dowry harassment under Section 498 -A, IPC and under Section 302, IPC and sentencing him to undergo 3 years' R1 and life imprisonment respectively and also imposing fine.

(2.) BRIEFLY stated case of prosecution is as follows: Deceased Vijaya @ Jeeva is the daughter of P.W.1 Mahalingam and P.W.2 Soundaravalli. Accused Raja and deceased Vijaya got married and their marriage was love marriage. Initially, marriage was not to the liking of the parents of deceased Vijaya and later both the families reconciled. Accused and deceased were living happily for about one year. P.W.1 gave 4 sovereign jewels to his daughter Vijaya. While accused and deceased were living together, accused was frequently demanding money and jewels and subjected her to dowry harassment. About few days prior to the occurrence, accused was demanding TVS -50 vehicle. Accused was also allegedly proclaiming that if TVS -50 is not given to him, he would kill his wife and marry another woman. Demanding TVS -50, accused had beaten Vijaya and Vijaya had gone to her parents' house. P.Ws.1 and 2 pacified Vijaya and sent her back stating that they would get TVS -50 for the accused within a week.

(3.) ON 4.4.2003 Vijaya died of burn injuries. Accused also sustained burn injuries in his arms. P.Ws.4 and 5 (Selvaraj and Jegannathan) saw the accused coming out with burn injuries. Accused did not say anything about the burn injuries sustained by them. P.Ws.1 and 2 learnt about death of their daughter and went to the house of accused at 6.30 p.m. and saw body of Vijaya with burn injuries. Since, it was late in the day, P.W.1 went to Kabisthalam Police Station on 5.4.2003 and lodged Ex.P.1 complaint, on the basis of which, a case of suspicious death was registered in Cr.No. 130/2003 under Section 174, Cr.P.C. (Ex.P.7). P.W.4 Inspector of Police arrested the accused who was taking treatment in the hospital for his burn injuries. P.W.15 Dy. Superintendent of Police, Bepanasam had taken up investigation. Scene of occurrence was inspected and P.W.15 Dy. Superintendent of Police prepared Ex.P.2 observation mahazar, Exs. P.9 and P.10 rough plans. M.O.10 kerosene tin was seized under Ex.P.3 seizure mahazar.