SARAVANAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the Appellant/a2 against the judgement dated 19. 7. 2002 passed in SC. No. 15/1999 by the learned Additional District and sessions Judge (FTC-I) Tindivanam, convicting and sentencing the appellant for the offence under Section 306 of IPC to undergo 7 years of Rigorous Imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo three months Rigorous imprisonment.

(2.) THE case of the Prosecution is as follows:-a. PW. 1's husband is A1 and PW. 1's native is Peruvarur. The deceased govindammal is the daughter of PW. 1 through his second wife. Appellant/a2 is the husband of the deceased Govindammal. PW. 2 and A2 are residing at Irumbuli village. PW. 3 Sekar is residing three houses away from the house of the deceased. PW. 5 and PW. 6 are also residing nearby the house of the deceased. Due to misunderstanding between PW. 1 and A1, PW. 1 went to Chennai and is residing at chennai even prior to the occurrence. PW. 4 is the Village Administrative officer. b. The deceased demanded money from his father A1 for the work of well digging and A1 refused to give money and told that since the deceased married A2 without his consent, instead of coming and seeing me, go and die and sent the deceased and her mother out of the home. A2 also scolded and harassed the deceased by saying "go and die". Because of the wordings of A1 and A2, on 27. 7. 1997 at 7. 30 a. m. she immolated herself by pouring kerosene on her body in her house at Irumbuli Village and died. c. On receipt of the information about the death of the deceased, PW. 1 came to Irumbuli Village. A1 told that the deceased committed suicide by pouring kerosene, due to which she died. On suspicion that the deceased was murdered by A2, PW. 1 gave a complaint before valathi Police Station on 3. 8. 1997 at 8. 00 p. m. and on receipt of the same, PW. 7 the Sub Inspector of Police registered a case in Cr. No. 253/1997 and prepared printed FIR Ex. P4 and sent a copy of the FIR to the Revenue Divisional Officer, dindivanam. Thereafter, PW. 7 went to the place of occurrence and prepared observation mahazar Ex. P2 in the presence of PW. 4 Village Administrative Officer and one Boominathan, Village Assistant and a rough sketch Ex. P5 and also inspected the graveyard, where the deceased was buried and prepared observation mahazar Ex. p4 and a rough sketch Ex. P6 and thereafter, PW. 7 sent all the documents to PW. 8 the Inspector of Police for further investigation. PW. 9 revenue Divisional Officer went to the Irumbuli Village and conducted further investigation and examined A1, A2, Ramachandran, Sekar, Vasanda, Vanathai and recorded their statements. On investigation, he found that the death was not due to dowry harassment, but due to some other reasons and on 11. 9. 1997 sent a report to the Deputy Superintendent of Police through PW. 7. d. PW. 8, Inspector of Police on receipt of the report of the Revenue Divisional Officer on 25. 9. 1997, since the death was due to some other reasons and not due to dowry harassment, after completing the investigation, filed a final report before the court concerned for the offence under Section 306 of IPC against A1 and a2/appellant.

(3.) THE case was taken on file in SC. No. 15/1999 on the file of the learned additional District and Sessions Judge (FTC-I) Tindivanam and necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution examined as many as 9 witnesses and also relied on Exs. P1 to P7.