G BALARAMAN Vs. STATE

JUDGEMENT

(1.) THE appellant was the accused in S. C. No. 287 of 1991 on the file of the VII Additional Sessions Judge, Madras . He is found guilty for an offence under Section 498 (A) I. P. C. and he is sentenced to undergo R. I. for six months. THE said conviction and sentence have been challenged in this Criminal Appeal.

(2.) THE necessary facts for the purpose of disposal of this Criminal Appeal are as follows: THE appellant Balaraman had married one sivagami on 26. 8. 1990. At the time of the marriage since the appellant was unemployed, he was not willing to marry and because of the pressure on the part of the parents of Sivagami, P. Ws. 2 and 3, the appellant married Sivagami. THE parents had assured the appellant that even though he was unemployed, he will get employment after his marriage and he can look after his family. On that assurance the appellant married Sivagami and they were residing together. Even after marriage, he could not get any employment. Hence there was no happiness in the house of the appellant and the deceased. On 18. 11. 1990 at about 2. 30 p. M. when P. W. 1 the brother of the accused had gone to the house, he found the dead body of Sivagami hanging inside the house of the appellant. He went and informed this matter to the police. P. Ws. 2 and 3, who are the parents of the deceased came to the place. Since death has taken place within a period of seven years from the date of marriage, the matter was entrusted to the assistant Commissioner P. W. 10 to hold an enquiry. THE Assistant Commissioner held an enquiry and submitted a report that the girl Sivagami committed suicide due to poverty. However, the case was referred to the Police and a complaint was registered against the accused by P. W. 1 1. Investigation was taken up, and p. W. 13, after completing the investigation, submitted a charge sheet for offences punishable under Sections 304 (B) and 498 (A) I. P. C.