SARAVANAN Vs. ASSISTANT COMMISSIONER OF POLICE MYLAPORE

JUDGEMENT

(1.) THE appellant stands convicted under Sections 498 (A) and 306 IPC and sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs. 1,000/-in default, to undergo Simple Imprisonment for two months in respect of 498 (A)IPC and sentenced to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs. 2,000/- in default, to undergo Simple Imprisonment for two months under Section 306 IPC.

(2.) THE case of the prosecution in brief is as follows:-The deceased is the daughter of P. W. 1/viswanathan. The second accused/saravanan and deceased Maheswari were working together in an Export Company and they developed love intimacy between them. The deceased eloped with the appellant herein and got married at Amman Temple. Subsequently, Maheswari was taken to the appellant's house. After coming to know about the love affair and elopement, on the advice of P. W. 1, marriage was performed in the Registrar's Office and was registered on 14. 10. 1999. Immediately after the marriage, the deceased lived happily only for a period of ten days. She informed P. W. 1 that her mother-in-law demanded five Sovereigns of jewels and also a silk saree and she was not able to live peacefully along with her mother-in-law. Therefore, P. W. 1 arranged for a separate residence in the same street where he was residing. The deceased and the appellant were residing in one portion at Door No. 13. Even then, the demand for dowry did not stop and the deceased informed that there is repeated harassment from her mother-in-law and husband. In the meanwhile, Maheswari became pregnant and therefore, P. W. 1 wanted to perform seemandam function. Her mother-in-law demanded five sovereigns of jewels and also a silk saree as a pre-condition for the performance of seemandam function. When P. W. 1 expressed his inability to satisfy her demand, the mother-in-law of the deceased challenged him that she would perform yet another marriage to the appellant and so saying that she took the appellant also along with her. Aggrieved over this cruelty and harassment, Maheswari committed suicide by pouring kerosene and set herself to fire. P. W. 1 and his wife took her to K. M. C. Hospital, despite treatment she died at 5. 05 P. M. on the same day. She was admitted in the hospital at 3. 45 P. M. The deceased gave statement before P. W. 11, Dr. Revathy that she committed self immolation about half an hour prior to the occurrence as she was treated cruelly by her mother-in-law and husband. P. W. 11, Dr. Revathy has stated that the deceased was conscious and also found pregnant in Accident Register marked as ex. P. 7.

(3.) ON 11. 05. 2000 at about 10. 30 P. M. , P. W. 1 lodged a complaint to E1, Police station which was registered by P. W. 8, the Sub-Inspector of Police in Cr. No. 503 of 2000 under Section 174 Cr. P. C.