LAWS(MAD)-2017-8-309

GODWIN FREDRICK Vs. STATE BY INSPECTOR OF POLICE

Decided On August 28, 2017
Godwin Fredrick Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This Court has reserved judgment in these matters on 26.07.2017. Today, the matter is listed under the caption 'for being mentioned' at the instance of learned counsel for appellants.

(2.) These appeals arise against judgment of learned Additional District and Sessions Judge, Fast Track Court III, Poonamallee, passed in S.C.No.58 of 2007 on 11.09.2007.

(3.) Prosecution case is that appellants, husband, mother-in-law and sister-in-law of deceased, harassed her demanding dowry and treated her cruelly owing to which the deceased attempted suicide by self-immolation on 13.09.2001 at 22.30 hours. PW-1 preferred Ex.P1, complaint, to PW-13, Inspector of Police, Adambakkam, who registered a case in Crime No.527 of 2001 on the file of respondent for offence u/s.498-A IPC on 14.09.2001 at 09.00 a.m. Printed First Information Report is Ex.P18. PW-13 visited the scene of occurrence, prepared Ex.P13, observation mahazar and Ex.P19 - rough sketch in the presence of PW-10 and another. PW-13 seized MO-1 - 2 litres kerosene can, MO-2 - Match Box and MO-3 - Matchsticks under seizure mahazar. PW-13 examined PWs.1,2, 4 to 7 and others and recorded their statements. PW-13 submitted Ex.P11, requisition to Judicial Magistrate, towards recording the dying declaration. Ex.P12 is the dying declaration. On obtaining information that the deceased died on 25.09.2001, PW-13 altered the First Information Report to reflect offence also u/s.304-B IPC. Ex.P20 is the alteration report. PW-13 forwarded the alteration report to Court and higher officials. PW-13 submitted a requisition to the Personal Assistant to the Collector towards conduct of inquest. On 25.09.2001, PW-14, Additional Superintendent of Police, took up further investigation. PW-14 examined witnesses and recorded their statements. PW-14 arrested accused 1 and 2 and sent them to judicial custody. PW-14 examined PWs.2 and 3, Doctors and another and recorded their statements. On 12.10.2001, PW-14 examined PW-12, Doctor, who had conducted postmortem and obtained Ex.P17, Postmortem Certificate. The same reads thus: