M.NIRMAL KUMAR,J. - (1.) This Criminal Appeal is filed by the appellant / Accused No.1, against the Judgment and conviction passed by the Mahila Court, Madurai in S.C.No.256 of 2009, dated 20.10.2014, convicting the appellant under Section 498(A) of IPC., and sentenced him to undergo Rigorous Imprisonment for 3 years and to pay a fine of Rs.1000/-, in default, to undergo 3 months Rigorous Imprisonment and further convicting the appellant under Section 304(b) IPC., and sentenced him to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs. 2000/-, in default, to undergo 6 months Simple Imprisonment. The sentences were ordered to run concurrently.
(2.) The facts of the case are briefly stated hereunder:- (i) The accused / Accused No.1 is the husband of the deceased. The deceased in this case was one Gomathi. The marriage between the accused and the deceased was solemnized on 13.06.2006. At the time of marriage, according to the prosecution, the parents of the deceased promised to give 15 sovereigns of golds jewels to the bride and 5 sovereigns of gold jewels to the bridegroom, but they could not, instead they gave 11 sovereigns of gold jewels to the bride and 5 sovereigns of gold jewels to bridegroom, besides other household articles. After the marriage, they were living happily, as husband and wife. Thereafter, on one occasion, the deceased came to the house of her parents and informed her father that by demanding 4 sovereigns of gold jewels, the husband / accused torturing her. (ii) P.W.1 is the father of the deceased Gomathi. On 07.04.2007, at about 11.00 p.m., there was quarrel between the deceased Gomathi and her husband / A1 in respect of balance 4 sovereigns of gold jewels. The neighbours pacified them. Again at about 1.00 a.m., the accused throttled the neck of the deceased, by using a rope, as a result of which, the deceased died, thereby, the accused caused death of the deceased.
(3.) On receipt of final report by the prosecution, the learned Judicial Magistrate No.II, Madurai, has taken the case on file as PRC.No.58 of 2008, for the offences under Sections 498(A) and 302 of IPC.;