S.SETTU Vs. STATE DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal has been filed, against the Judgment of conviction and sentence, dated 10.05.2010, made in SC.No.333 of 2008, by the Sessions Judge, Mahila Court, Salem, wherein the Trial Court, found the appellant/accused guilty for the offences under Sections 498A and 304B of IPC and convicted him to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo 3 months Rigorous Imprisonment under Section 498A of IPC and 7 years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo 3 months Rigorous Imprisonment under Section 304B of IPC and ordered the sentences to run concurrently.

(2.) On the basis of the complaint, Ex.P1, given by PW.1, who is the father of the deceased, Amudha, the Appellant/ accused was charge sheeted for the offences under Sections 498A and 304B of IPC and 4 of the Dowry Prohibition Act , alleging that the marriage between the Appellant/ accused and the deceased had taken place on 28.6.2007 and that at the time of marriage, the Appellant/ accused had demanded and accepted two and half sovereigns of gold jewels and further, demanded Rs.10,000/- to purchase a vehicle, as dowry and that the Appellant/ accused had pledged the jewels and misappropriated the amount and that the accused had demanded more money as dowry from the deceased and that due to the harassment meted out to her and due to the abetment by the Appellant/ accused, the deceased committed suicide by hanging at the house of the accused on 14.10.2007 between 6.00 a.m. to 2.00 p.m. and that the death of the deceased caused otherwise than under normal circumstances within seven years of her marriage and that soon before her death, the deceased was subjected to cruelty and harassment in connection with demand of dowry.

(3.) The case was taken on file in SC.No.333 of 2008, by the Sessions Judge, Mahila Court, Salem, and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined PW.1 to PW.11 and also marked Exs.P1 to P12 and Mos.1 and 2.