LAWS(MAD)-2019-1-736

SEKAR Vs. DEPUTY SUPERINTENDENT OF POLICE

Decided On January 21, 2019
SEKAR Appellant
V/S
DEPUTY SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants/A1 and A2, as against the conviction and sentence dtd. 30/3/2010 made in S.C.No.140/2009 on the file of learned Sessions Judge, Mahila Court, Salem.

(2.) The brief facts of the prosecution case are as follows:- P.W.1 is the father of the deceased. P.W.2 is the mother of the deceased. On 29/3/2005, the marriage between the appellant/first accused and deceased (Rukmani) was solemnized. A2 is the mother of A1 and mother-in-law of the deceased. The deceased along with A1 and A2 was residing at M.G.R. Colony as joint family. After marriage, A1 and A2 ill-treated the deceased that she must bring money from her parents. On 27/2/2005, the deceased was harassed by A1 asking her to bring Rs.10,000.00 from her parents. Thereafter, on 29/3/2005 at 10.00am, A1 and A2 joint together and harassed the deceased as to what seervarisai she had brought and beaten the deceased with lock and firewood. Thereby, A2 mother-in- law fisted the face, due to their harassment, the deceased committed suicide by hanging herself at the house of A1. Immediately, after the death of the deceased, the same was informed to P.W.1 and P.W.2. Thereafter, they reached A1 house and found that her daughter's body was laid down on the floor. However, without hearing P.W.1 and P.W.2's request the body was taken to the burial ground and cremated. However, the said body was removed from the cremation ground, in respect of which P.W.1 lodged the complaint Ex.P1.

(3.) P.W.8 Sub Inspector of Police received the report from P.W.1 and registered a case in Crime No.125 of 2005 under Sec. 498A, 302 and 201 IPC. Ex.P9 is the printed FIR. The said report was forwarded to P.W.11-RDO and further handed over the investigation to P.W.13-Deputy Superintendent of Police. The Deputy Superintendent of Police, took up the case for further investigation, went to the scene of occurrence and prepared observation mahazar Ex.P2 and rough sketch Ex.P12 and recovered material objects MO1 to MO5. Thereafter, RDO/P.W.11 conducted inquest over the dead body and issued inquest report Ex.P10. After examining the medical officer and other witnesses the offence was altered into one under Ss. 498A, 304b and 201 IPC. The alteration report is marked as Ex.P.14.