LAWS(MAD)-2009-9-31

MURUGESAN Vs. STATE

Decided On September 29, 2009
MURUGESAN Appellant
V/S
STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) This appeal is preferred against the judgment and conviction and sentence imposed on the Appellants in S.C. No. 31 of 2004, dated 19.05.2005 on the file of the learned Additional Sessions Judge, Mahila Court, Tiruchirapalli.

(2.) The four appellants in the case are the husband, father-in-law (since deceased), mother-in-law and brother-in-law, who were convicted for the offence punishable under Sections 304-B, 498-A and Section 4 of Dowry Prohibition Act. They were sentenced to seven years Rigorous Imprisonment in respect of offence under Section 304- B I.P.C. and one year Rigorous Imprisonment each as also Rs. 500/- fine in respect of Section 498-A and Section 4 of Dowry Prohibition Act.

(3.) The case of the prosecution is as follows: On 11.06.2000, the first appellant and the deceased Malathy were married at "Manachanallur Temple marriage Mahal" The deceased lived in a joint family with the appellants. In the Year 2001, the appellants demanded Television or Motor cycle or cash from the deceased Malathy. On 09.07.2002, the deceased Malathy preferred a dowry complaint before the Lalgudy All Women Police Station. Based on the complaint, compromise was effected between the deceased Malathy and the first appellant and thereafter they lived together. On 03.02.2003, the appellants demanded six sovereign gold. Hence, the deceased malathy committed suicide by hanging, on 11.03.2003. P.W.I went to the occurrence place, saw the deceased and later went to the respondent police and lodged the complaint.