Babu @ Balasubramaniam & Anr vs State Of Tamil Nadu

2. Gist of the prosecution case needs to be stated.

A1-Babu was married to deceased-Indirani (“the deceased”) on 11/4/1994. The couple resided in the house of A2-Pappathi, who is the younger sister of A1-Babu. At the time of marriage, 25 gold sovereigns were demanded by A1-Babu and his family, but the parents of the deceased could only give 20 gold sovereigns. After six months of marriage, they demanded dowry for which Panchayat meeting was held by the elders in the house of the deceased. The members of the panchayat went to the house of the accused and requested them not to threaten the deceased. After one year, the deceased gave birth to a male child. The accused demanded 10 gold sovereigns and cash of Rs.10,000/-. Parents of the deceased could give only 3 gold sovereigns. Thereafter, the couple was blessed with a daughter. This time also, the accused demanded 10 gold sovereigns and cash of Rs.10,000/- to purchase manure, but the parents of the deceased could not fulfill this demand due to their financial difficulties. A1-Babu and A2-Pappathi started harassing the deceased. On 15/11/1998 the deceased informed PW-2 Nataraj, her brother about the dowry demand made by her husband and the cruelty meted out to her. The prosecution story further goes on to say that on 16/11/1998, PW-3 Ponnusamy, the grandfather of the deceased, visited the house of the accused. When he reached near the house of the accused, he heard the voice of the accused asking the deceased as to why sum of Rs.10,000/- was not brought by her. PW-3 Ponnusamy peeped through the window and saw A1-Babu, who had caught hold of the deceased, dashing the back of her head against a pillar. At that time, A2-Pappathi intervened and said that the deceased should not die like this. She asked him to pour poison in her mouth. Upon this, A1-Babu brought poison and gave it to A2-Pappathi. A1-Babu caught hold of the deceased and A2- Pappathi poured the poison in the mouth of the deceased. PW-3 Ponnusamy went inside the house and questioned them. The accused started pacifying him and told him that they would save her life. They asked him to remain in the house and they took the deceased in a van to Udumalpet Government Hospital. PW-4 Dr. Shanmugham examined the deceased and declared her dead. He sent a report to the Udumalpet Police Station, pursuant to which PW-11 SI Lakshmanan came to the hospital and recorded the statement of PW-1 Subramaniya, the father of the deceased, which is treated as FIR. On the basis of the FIR, investigation was started. After completion of investigation, the accused came to be charged as aforesaid. In support of its case, the prosecution examined 14 witnesses. Out of them, PW-1 Subramaniya, PW-2 Nataraj and PW-5 Dr. Rajabalan, who conducted the post- mortem of the deceased are crucial to the prosecution. The accused denied the prosecution case and contended that they were falsely implicated. Learned Sessions Judge convicted the accused as aforesaid.

9. We can, therefore, analyze the other evidence and circumstances on record and see whether they support the conviction of A1-Babu for offence punishable under Section 304 Part I of the IPC. In this connection, the medical evidence is of great importance. PW-5 Dr. Rajabalan conducted the post-mortem on 16/11/1998 at 5.00 p.m. Ex-P5 is the post-mortem certificate. The external and internal injuries are described in the certificate as under:

13. The trial court has convicted A1-Babu for offence punishable under Section 304 Part I of the IPC and not for offence punishable under Section 302 of the IPC on the ground that the deceased had suffered only one head injury. The High Court has concurred with the trial court. We see no reason to interfere with the impugned order.

14. In the circumstances, we confirm the conviction of A1-Babu and A2- Pappathi for offence punishable under Section 498A of the IPC. We confirm the sentence imposed on A1-Babu for the offence under Section 498A of the IPC. We find from the letter dated 17/5/2013 sent by the Principal District and Sessions Judge, Coimbatore that A2-Pappathi has already undergone one year and four months sentence. In the peculiar facts of the case we direct that the sentence already undergone by A2-Pappathi be treated as sentence for the offence under Section 498A of the IPC. We confirm the conviction and sentence of A1-Babu for offence punishable under Section 304 Part I of the IPC. However, we quash and set aside the conviction and sentence of A2-Pappathi for offence punishable under Section 304 Part I read with Section 109 of the IPC. There is, therefore, no question of her surrendering to the Court. As per order passed by this Court on 8/10/2007, she is on bail. Her bail bond shall stand discharged. As per the order of this Court dated 8/10/2007, A1-Babu is also on bail. Since we have confirmed his conviction and sentence, we direct that he should surrender before the Principal Sessions Judge, Coimbatore to serve out the remaining sentence. His bail bond shall stand cancelled. Needless to say that A1-Babu’s sentence for offences punishable under Sections 498A and 304 Part I of the IPC shall run concurrently.

15. The appeal is disposed of in the aforestated terms.