SADAT ALIAS SADAT ALI Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed against the judgement passed by the learned Additional District and Sessions Judge, Vellore in SC.No.112/1998 dated 17.5.2002, convicting the Appellants/A1 to A3 herein for offence punishable under Section 304(B) of IPC and sentencing each of them to undergo seven years Rigorous Imprisonment.

(2.) THE case of the Prosecution is as follows:- A1 is the husband of the deceased Sardaz. A2 and A3 are the elder sister and brother of A1. Alla Baksh, PW.2, who is the father of the deceased, gave his daughter Sardaz @ Nooruaashmi in marriage to the 1st accused nearly four years prior to 8.11.1994 as per the Muslim Customs and Traditions. THE marriage was performed with the consent of both the families and on the marriage, PW.2 presented a gold chain weighing 2 sovereigns, a ring weighing one sovereign to the 1st accused and a necklace weighing four sovereigns and an ear stud weighing 2 sovereigns to his daughter along with the household articles and also a cash of Rs.5000/-. After the marriage, the deceased Sardaz lived with her husband/A1 and his sister and brother/A2 and A3 jointly. Within six months from the date of her marriage, A2 and A3 compelled the deceased to get money from her parents and as she was unable to meet their demand, she had come to her parent's house.

(3.) PW.11, Dr.Dayalan attached to the Government Hospital, Vellore admitted the deceased for treatment on 8.11.1994 at about 10.45 p.m. and found 90% burn injuries on her and intimated the same to the police under Ex.P8 and on receipt of such intimation, PW.8 Head Constable reached the PS-II Ward of the said Hospital, in which the deceased was admitted and recorded her statement at 12.30 p.m under Ex.P9 in the presence of her parents. On the basis of Ex.P9, PW4, Sub Inspector of Police, Vellore North Police Station had registered a case in Cr.No.1016/1994 under Section 498A of IPC under Ex.P15.