LAWS(MAD)-2019-3-451

SARASWATHIAMMAL Vs. STATE

Decided On March 21, 2019
Saraswathiammal Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Appeal is filed, against the Judgment of conviction and sentence, dated 12.05.2010 made in SC.No.401/2007 on the file of the Magalir Neethimandram, Chennai, convicting and sentencing the Appellant/1st accused for the offence under Section 498(A) IPC to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-, in default, to undergo two months simple imprisonment and for the offence under Section 306 IPC, to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/-, in default, to undergo six months simple imprisonment and ordering the sentences to run concurrently.

(2.) The case of the Prosecution in brief is as follows:- The Assistant Commissioner of Police, Sembium Range, filed the charge sheet against the appellant/A1 and her son-Balakrishnan/A2, for the offences under Sections 498A and 306 IPC. The allegations in the final report was that the marriage between the deceased-Anitha and the 2nd accused had taken place on 04.05.2001 and that, after the marriage, the deceased was living with the 2nd accused-her husband and his mother/A1, the appellant herein, at Door No.2, Pazhani Aandavar Koil Street, Perambur, Chennai - 11, and that the deceased did not conceive, even after five years of marriage. Due to which, the appellant/1st accused used to quarrel with the deceased and that, she had informed to her father about the harassment by the appellant/1st accused. When the father of the deceased had enquired the appellant, she had scolded him in abusive language and from that day onwards, she used to pick up frequent quarrel with the deceased and that, whenever, the deceased informed her husband/ 2nd accused, he also used to scold the deceased.

(3.) On 15.05.2006, at about 2.00 p.m., there was a quarrel between the appellant and the deceased with regard to missing of the key of the suitcase which the appellant/1st accused has intended to take with her for her tour programme. When the appellant/1st accused had abused her stating that the deceased had purposely taken the key and hidden it somewhere and when the deceased told her that 'she did not take the keys', the appellant had scolded her by saying ..[VARNACULAR TEXT OMITTED]..? and had assaulted the deceased with Chappals and that unable to bear the insult and ill-treatment of the appellant and the passive behaviour of the 2nd accused, in not reprimanding his mother/ appellant about the ill-treatment meted out to his wife, the deceased self-immolated herself on 16.05.2006 at about 7.45 a.m., and died in K.M.C.Hospital, due to the burn injuries and thereby the respondent on the statement of the deceased initially registered a case in Cr.No.604 of 2006 for offence under Section 309 IPC and later when the victim succumbed to the burn injuries, filed the final report against the appellant/1st accused and her son for offences under Sections 498A and 306 IPC.