PRAKASH Vs. STATE BY INSPECTOR OF POLICE
LAWS(MAD)-2013-6-201
HIGH COURT OF MADRAS
Decided on June 27,2013

PRAKASH Appellant
VERSUS
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

- (1.)The short facts of the prosecution case are as follows:-
The defacto complainant, viz., Mrs. Sujatha had lodged a complaint before the Inspectress of All Women Wing Police Station, Tiruvallur, stating that the first accused viz., Prakash had married her on 29.08.2003 at Tiruvallur. From the date of marriage her husband had been demanding Sujatha's share property from her father, but the same had been refused by her father. Hence her husband and his parents had begun to torture her. Due to the intolerant conditions, the defacto complainant left the matrimonial home on 13.03.2004, after leaving her ornaments at the matrimonial home. Further, all the accused had threatened the defacto complainant that they would pour kerosene on her and light it. The said complaint was registered as Crime No. 1 of 2005, on the file of the respondent herein, for the offence under Section 498(A), 406, 506(2) of I.P.C. and read with Section 4 of Dowry Prohibition Act. The respondent herein had conducted an investigation and filed a charge sheet before the Judicial Magistrate-II, Tiruvallur and the same has been arrayed as C.C. No. 340 of 2005.

In order to prove the prosecution case, seven witnesses were listed and four documents were marked. viz., F.I.R., marriage invitation, list of ornaments and house hold articles belonging to her and which was left at the matrimonial home and a copy of the complaint. On the side of the accused, four witnesses were examined and no document was marked.

(2.)On questioning, all the accused had pleaded not guilty and hence the prosecution case had been proceeded with.
(3.)P.W.1, Sujatha had adduced evidence that she is living at Manavala Nagar in Tiruvallur. She further adduced evidence that she had married the first accused on 29.08.2003 and at the time of marriage, her parents provided 50 sovereigns of gold jewellery and Rs. 2,00,000/- as cash, besides giving Rs. 20,000/- towards dress materials and 13 sovereigns of gold ornaments to her husband and all household articles. Immediately after the marriage both the spouses had led their marital life at the matrimonial home. During that period, her husband asked her to get her share of the property from her father and threatened that if she did not do so, she could remain in the house of her father and not to come to the matrimonial home. Further, her husband tortured her in the privacy of their home. P.W.1 further stated that she was forced to leave the matrimonial home and go to her mother's place. On 02.09.2004, she gave birth to a female child. On 14.02.2005, her mother-in-law and her husband came to her mother's house and instructed her to bring her share of the property within one week to the matrimonial home, failing which, she could continue to stay at her mother's place itself and also threatened her that they would take all steps to spoil her reputation. Hence, her father had levelled the said complaint on behalf of her. P.W.1 further stated that her husband and his parents told her that the child was not born through her husband (A-1).


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