MAHESH Vs. STATE REP.

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and sentence dtd. 9/9/2011 passed by the Additional District and Sessions Judge (FTC-III), Tiruvallur in S.C.No.41 of 2010.

(2.) It is the case of the prosecution that the deceased Dhanalakshmi married Mahesh/A1 on 10/3/2008 and after marriage, she was subjected to dowry harassment by Mahesh/A1 and his parents Ramachandran/A2 and Vasantha/A3, on account of which, she committed suicide on 6/3/2009 by self-immolation in her matrimonial home. On the complaint (Ex.P1), lodged by Mahendran (PW1), brother of the deceased, Valli (PW11), the Sub Inspector of Police, registered a case in Crime No.18 of 2009 under Sec. 174(3) Cr.P.C. on 7/3/2009 and prepared the printed FIR (Ex.P10), which reached the jurisdictional Magistrate only on 9/3/2009 at 11.30 a.m. Since the death was within 7 years of marriage, Subbarayan (PW10), the Executive Magistrate, conducted inquest over the body of the deceased and submitted the Inquest Report (Ex.P9), opining that the death of Dhanalakshmi was due to dowry harassment. Investigation of the case was taken over by Srininvasan (PW12), the Deputy Superintendent of Police, who despatched the body for postmortem. Dr.Anbuselvan (PW8), who conducted the autopsy on the body of the deceased, in his evidence as well in the Postmortem Certificate (Ex.P7), he has stated as follows :

(3.) On the appearance of the appellants, copies of relied upon documents were furnished to them under Sec. 207 Cr.P.C. and the case was committed to the Court of Session in S.C.No.41 of 2010 for trial. The trial court framed charges under Ss. 498-A and 304-B IPC alternatively 306 IPC against the appellants and when they were questioned, they pleaded 'not guilty'.