KARTHIK @ KARTHIKEYAN Vs. STATE REP BY ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The Criminal Appeal has been filed against the Judgement of conviction and sentence passed by the District Judge, Mahila Court, Coimbatore, in S.C.No.106 of 2008 dated 11.06.2010, wherein, the trial Judge found the appellants guilty for offences under Sections 498A and 306 IPC, convicted and sentenced them to undergo Rigorous Imprisonment for 3 years with fine of Rs.500/- in default to undergo one month Rigorous Imprisonment for the offence under Section 498A IPC, and 5 years Rigorous Imprisonment with fine of Rs.500/- in default to undergo one months Rigorous Imprisonment for the offence under Section 306 IPC and the sentences are ordered to run concurrently. Period of detention already undergone by the accused, during the trial was ordered to be set off under Section 428 Cr.P.C.

(2.) The appellants herein are respectively accused Nos.1 and 3 in S.C.No.106 of 2008. The 2nd accused died during the trial and it is reported that the 2nd appellant/3rd accused died during the pendency of the appeal and thereby the appeal is abated against the 2nd appellant/3rd accused.

(3.) The case of the prosecution is that, the 1st appellant/1st accused married the deceased-Rajalakshmi on 08.03.2007 at Balathandayuthapani Temple, Coimbatore. At the time of marriage, the father of the deceased-Kathiresan had given 16 sovereigns of gold jewels and Rs.16,000/- cash as Sridhana to his daughter. Thereafter, the deceased was living with the appellants/accused as a joint family at Door No.55D, Katteri Chettiyar Thottam, Samy Iyer New Street No.3, Coimbatore, and that while, she was living in the matrimonial house, the 2nd appellant/3rd accused-father in law of the deceased had misbehaved with her and when she had informed it to the 1 st appellant/1st accused and 2nd accused, they have told her that she should adjust with her father-in-law and then only, she could be in the matrimonial house and thereby had committed cruelty on her, due to which, on 07.08.2007 at 08.00 am, the victim/deceased-Rajalakshmi had committed suicide by self immolation.