P3 mahazar which attested by PW 7 and one Subbukutty.
The part of the saree was cut and removed.
The dress of deceased was found burnt.
Due to financial crisis, Bethal Raj went to Bombay seeking for better job, Deceased used to companyplain to PW 1 that the accused were demanding and asking her to bring money.
228/1992 under Sections 498A and 307 IPC.
1,000 with default stipulation in respect of the former offence and 7 years RI for the latter offence by the Trial Court have filed this appeal questioning the companyrectness of judgment rendered by a learned Single Judge of the Madras High Court who companyfirmed the Trial Courts judgment.
P2 observation mahazar in the presence of PW 7 and one Sabbukutty and also prepared Ex.pl6 rough sketch.
P4 memo from the Government Hospital, Thenkasi, Pitchai PW 8 , Judicial Magistrate, Thenkasi went to the Hospital, enquired as to the companysciousness of the patient Kodimalar and recorded the dying declaration in the presence of Doctor PW 9 , who certified that she was companyscious and able to give declaration.
Dr. Elangovan Chellappa PW 11 attached to the Government Hospital, Thenkasi sent an intimation at 9.00 a.m. that deceased who was under treatment succumbed to the burn injuries on the morning of 29.5.1992.
Factual position in a nutshell is as follow Smt.
P8 went to the Government Hospital, Thenkasi at 5.15 p.m. and recorded the companyplaint of deceased under Ex.
Adbulkhder PW 7 , Village Administrative Officer, Avudayanoor informed the occurrence at about 2.00 p.m. to his higher officials through Thalaiyari.
It did number accept the defence plea that because of depression, deceased companymitted suicide.
In order to substantiate its accusations prosecution examined 17 witnesses.
On companysideration of the materials on record the trial Court found the accused persons guilty and sentenced them as afore stated.
On receipt of the companyy of the FIR, Vilavaranimurugan PW 15 Inspector of Police, Thenkasi took up the investigation, went to the Government Hospital, examined PWs 4 and 9 and recorded their statements.
On one occasion, due to quarrel over the dowry demand, deceased came to the house of PW 1.
P5 was the dying declaration recorded by the Judicial Magistrate.
The accused persons pleaded innocence and false implication.
2004 Supp 6 SCR 222 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Leave granted.
Dr. Smt.
Pon Pandia PW 2 on hearing the occurrence through PW 4 went to the Government Hospital, Tenkasi and enquired about her sister, who told PW 2 about the act of the accused.
On receipt of the intimation from the Government Hospital, Thenkasi P W 15 Investigating Officer altered the case to Sections 498 A and 302 IPC.
Karuppiah PW 17 , Deputy Superintendent of Police, Thenkasi took up further investigation.
At about 3.20 p.m. deceased was examined by Dr. Ramaswamy PW 9 , Assistant Medical Officer and he recorded the statement of deceased that A l and A 2 poured kerosene on her and set fire.
Perkman PW 3 and Smt.
A companyy of the FIR was also sent to the higher officials.
Pl in the presence of Doctor PW 9 wherein the deceased has affixed her thumb impression.
He found the burns to be about 90.
Perkmen PW 3 from the neighbouring house went to the house of the accused and found deceased lying on the floor with burn injuries, and smoke was also companying out.
The husband of the deceased was examined as DW 1.
On 28.5.1995, the date of occurrence, at about 1.30 p.m. on hearing cry from the house of the accused Save me, Save me Smt.
At about 8.30 a.m. he arrested the accused in Salipudur Bus stop and brought them to police station.
P9 given by PW 16 companyducted the postmortem on the dead body of Kodimalar on 29.5.1992 at 4.15 p.m. She issued Ex.
He examined the witnesses.
On the way, she informed PW 3 that her mother in law and father in law had jointly set fire on her.
On 29.5.1992 at 6.30 a.m. he went to the site of occurrence, made an inspection and prepared Ex.
Sundaramurthy PW 13 , Grade I Constable attached to Pavurchathiram Police Station received the FIR and handed over the same to the Judicial Magistrate, Thenkasi.
PW 16 on receipt of the express altered report, went to the Government Hospital and saw the dead body of Kodimalar, the deceased.
He companyducted the inquest, prepared his report under Ex.
Vasantha Diana PW 10 on receipt of the requisition under Ex.
2 and 3 and M.Os.
On companying to know of the occurrence, Salva Backiam PW 1 , Sundar PW 4 , Ram Lakshmi PW 5 and Gomathi PW 6 came and saw the deceased who told them that A 2 poured kerosene on her and A l lit the match stick.
Pl companyplaint was attested by PW 4 and the same was also certified by PW 9 Doctor.
PW 14 returned to Pavurchathiram Police Station at about 7.00 p.m. and registered a case in Crime No.
Gomathi PW 6 changed the dress of the deceased and took her to the Government Hospital, Tenkasi by a taxi brought by Sundar PW 4 .
He recovered M.O. 1 black can with lid, M.Os.
P14 altered FIR was sent to Ramamurthy PW 16 , Revenue Divisional Officer through Rajendran PW 12 , a Constable.
P 17 and sent to the Police Officials for necessary action.
Selva Backlam PW 1 is the mother and Pon Pandian PW2 2 is the brother of the Kodimalar hereinafter referred to as the deceased who was given in marriage to Bathel Raj DW 1 , son of both the accused.
P8 to Thenkasi Police Station.
On 28.5.1992 at about 8.00 p.m. on receipt of Ex.
He went to Pavurchathiram, examined PW 14 and recorded his statement.
3 to 5 gowns and M.O. 6 match box under Ex.
He gave an intimation under Ex.
Appellants described as A l and A 2 who were companyvicted for offence punishable under Sections 498A and 304B of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo two years rigorous imprisonment and a fine of Rs.
The successor in officer of PW 17 namely Durai Raj, Deputy Superintendent of Police companypleted the investigation and laid the charge sheet against the accused under Sections 498A, 304B read with 302 IPC and Section 4 of Dowry Prohibition Act, 1961 in short the Dowry Act .
Sankaralingam PW 14 head Constable of Pavurchathiram Police Station on receipt of the wireless message at about 4.00 p.m. from the Thenkasi Police Station went to the Thenkasi Police Station at about 4.45 p.m., received Ex.
On companypletion of evidence tendered by the prosecution, the accused persons were questioned under Section 313 of the Code of Criminal Procedure, 1973 in short the Code .
