UDHAYAKUMAR Vs. SUBBULAKSHMI

JUDGEMENT

(1.) The appellant in Crl.A.No.84 of 2010 is the first accused and the appellants in Crl.A.No.545 of 2009 are accused Nos.2 and 3 in S.C.No.131 of 2007 on the file of the learned Sessions Judge, Magalir Neethimandram, Coimbatore, and they stand convicted for the offence under Section 4 of Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.5,000/- each, in default, to undergo simple imprisonment for one year; convicted for the offence under Section 498(A) of IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- each, in default to undergo simple imprisonment for one year and also convicted for the offence under Section 304(B) of IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/- each, in default to undergo simple imprisonment for one year and the above sentences of imprisonment were ordered to run concurrently. Aggrieved by the said conviction and sentence passed by the learned Sessions Judge, accused Nos.1 to 3 have preferred the above two Criminal Appeals before this Court.

(2.) The respondent police has filed charge sheet against all the three accused alleging that on 09.05.2005 one Ananthi, daughter of Poovathal/de facto complainant fell in love with the first accused namely, Udhayakumar and both of them married without the knowledge of the parents of the said Ananthi and started to live together as husband and wife. During the matrimonial home, the second accused namely, Subbulakshmi and the third accused namely, Gurusamy, who are the parents of the first accused, joined at the hands of A.1, demanded a sum of Rs.1,00,000/- from the parents of the said Ananthi for purchasing of an Auto Rickshaw for the first accused. Since the dowry demand was not meted out, accused Nos.1 to 3 caused unbearable cruelty towards Ananthi and received a sum of Rs.20,000/- from the parents of Ananthi. During the lawful wedlock, Ananthi begotten a child by name Roja and for the first delivery, accused Nos.1 to 3 demanded and accepted articles, silver anklet, silver waist thread and cash as dowry. During the course of the same transaction, accused 1 to 3 forced the said Ananthi to bring Rs.1,00,000/- as dowry from her parents and as the dowry demand was not meted out, accused 1 to 3 joined together caused cruelty towards Ananthi. Due to the cruelty and harassment, Ananthi fell it difficult to live in the matrimonial home had consumed Auramine poison at the dwelling house and as a result of which, she died on 17.10.2006 at 3.30 A.M. in Coimbatore Medical College Hospital. Since the death of the said Ananthi was occurred within 7 years of the marriage and that the death was otherwise than under normal circumstances, accused 1 to 3 appear to have committed the offence under Section 4 of Dowry Prohibition Act and under Sections 498(A) and 304(B) of IPC. The case was taken on file in P.R.C.No.12 of 2007 by the learned Judicial Magistrate No.VII, Coimbatore and committed to the Court of Sessions and charges were framed against all the accused for the offence under Section 4 of Dowry Prohibition Act and under Sections 498(A) and 304(B) of IPC.

(3.) In order to prove the case, the prosecution examined P.Ws.1 to 11, marked Exs.P.1 to P.15 and produced M.Os.1 to 7. The accused were questioned under Section 313 Cr.P.C. with regard to the incriminating circumstances and they denied their complicity. On the side of the accused, the first accused examined himself as D.W.1 and marked document Ex.D.1.