RAJKUMAR Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional District Sessions Division, Fast Track Court-IV, Ponneri, made in S.C.No.129 of 2008, whereby the appellant shown as A-1 along with three others shown as A-2 to A-4, stood charged and tried under the following provisions of law. On trial, the appellant/A-1 was found guilty while A-2 to A-4 were acquitted of all the charges, as follows: Table The sentences imposed on the appellant/first accused were ordered to run concurrently.

(2.) SHORT facts necessary for the disposal of the appeal can be stated as follows: (a) P.W.1 is the mother of the deceased Lakshmi. P.Ws.2 and 3 are the sisters of the deceased. A-1 is the husband of the deceased. A-3 and A-4 are the parents of the 1st accused. Prior to the marriage, the appellant/A-1 married A-2. The marriage between the deceased and the appellant took place on 25.06.2007. At the time of marriage, the jewels and the 'seer varisai' articles were given to the deceased. P.Ws.1 to 3 were informed by the deceased that he was demanding 20 sovereigns of gold and also cash of Rs.50,000/-. P.W.1 could not meet the same. On the date of occurrence, i.e. on 15.07.2007, P.Ws.1 to 3 were informed that Lakshmi died in her house. Immediately, they rushed to the place of the deceased, where they found the dead body of the deceased Lakshmi unattended. They enquired the persons standing nearby, who informed P.Ws.1 to 3 that she died due to either snake bite or due to falling from the stairs. But P.Ws.1 to 3 found injuries on the dead body. (b) On entertaining suspicion, P.W.1 went to the respondent police station, Gummidipoondi and gave Ex.P-1 complaint and on the strength of which, a case came to be registered by P.W.11, the Sub-Inspector of Police, in Crime No,317 of 2007 under section 174(3) Cr.P.C. Ex.P-19 is the first information report. The original of the same was sent to the Revenue Divisional Officer and the copy was sent to the Deputy Superintendent of Police, Gummidipoondi. (c) The R.D.O., P.W.12, on receipt of Ex.P-19 proceeded to the spot, conducted enquiry and recorded the statements of the witnesses and also conducted the inquest on the dead body of Lakshmi and he prepared Ex.P-20 inquest report. Thereafter, a requisition was forwarded to the Government Hospital, Ponneri, for the conduct of autopsy on the dead body. (d) P.W.9 doctor, who conducted autopsy on the dead body, gave the post mortem certificate, where she opined that the deceased would appear to have died 48 hours prior to autopsy due to the head injury. The post mortem certificate is marked as Ex.P-17. (e) The Deputy Superintendent of Police, P.W.13 took up the investigation. He went to the spot and prepared an observation mahazar Ex.P-23 and also rough sketches Exs.P-21 and 22 and examined the witnesses. He recovered M.O.1 sari under the cover of mahazar Ex.P-25 in the presence of witnesses. On receipt of the post mortem certificate Ex.P-17, the case was converted into one under sections 498-A, 306 and 304(B) IPC and the amended FIR is Ex.P-26 and the copy of the same was sent to the Court. He examined P.W.9 and recorded her statement. (f) Pending investigation, A-1 was arrested on 20.07.2007 and he came forward to give a confessional statement voluntarily and the same was recorded in the presence of witnesses and the admissible part is marked as Ex.P-28, pursuant to which, he produced M.Os.2 to 5, which are the letters and a cell phone and the same were recovered under the cover of mahazar Ex.P-27 in the presence of witnesses. A-2 was arrested and she gave a confessional statement and following that, M.O.6 mobile phone was recovered under a cover of mahazar Ex.P-29. The other accused were also arrested and they were sent for judicial remand. On completion of investigation, P.W.13 filed the final report against the accused under sections 498-A, 120(B), 201, 302 and 302 read with 109 I.P.C. (g) The case was committed to the Court of Additional District Sessions Division, Ponneri and necessary charges were framed. In order to substantiate the charges, the prosecution examined 13 witnesses and also relied on 29 exhibits and 6 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found against them in the evidence of prosecution witnesses. Apart from denying the evidence as false, they have also filed a written submission, where they averred that the deceased committed suicide and caused the death by herself. No defence witness was examined. The trial Court heard the arguments advanced and scrutinized the materials. On doing so, the trial Judge took the view that the prosecution has proved the case beyond the reasonable doubt and found the appellant/A-1 guilty and awarded the punishments referred to above, which is the subject matter of challenge before this Court. The trial court has acquitted the other accused in respect of all the charges levelled against them.

(3.) THE Court heard the learned Additional Public Prosecutor on all the above contentions and paid its anxious consideration on the submissions made.