R BABU Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the appellant against the conviction and sentence passed by the Magalir Neethimandram, Chennai in S. C. No. 101 of 2002 dated 26. 11. 2002, wherein, the appellant stands convicted for an offence punishable under Section 498 (A) of IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- and in default, to undergo simple imprisonment for two months.

(2.) THE case of the prosecution in brief is as follows: p. W. 1 is the father and P. W. 3 is the brother of the deceased. P. W. 2 is the house owner and P. W. 4, tenant of the house where the deceased was living with the accused/appellant. Sasikala, the wife of the appellant was the younger daughter of P. W. 1. Prior to the marriage, the deceased had love affair with the appellant and ultimately the appellant married her at the intervention of P. W. 1 in a temple in Trust Puram. Her mother did not like the marriage and said to have committed suicide. Subsequent to the marriage, the appellant and the deceased/sasikala were living in Choolaimedu separately and they have a child aged about 2 = years out of their wedlock.

(3.) THE marital life of the deceased was not so happy and she had financial difficulties. Now and then, she used to get money from P. W. 1 and P. W. 3. As and when the deceased had any problem in the matrimonial house, her sister Rajeswari used to mediate and resolve the dispute. According to the prosecution, the deceased made a demand for a sum of Rs. 15,000/- to P. W. 1, who in turn wanted 15 days for payment of the said amount. On the very same day at 8 P. M. , again the deceased came to the house of P. W. 1 and informed her brother/p. W. 3 that her mother-in-law was making a demand of Rs. 15,000/ -. She went home and thereafter, the appellant informed them that Sasikala/the deceased doused herself in Kerosene and set her ablaze. P. W. 2, the house owner of the appellant saw the flames from the window and with the help of neighbours P. W. 2 , broke open the door and found Sasikala burning with flames. The fire was extinguished then.