- (1.)The state of Tamil Nadu is in appeal against the judgment and order of the madras High Court wherein the respondents herein were acquitted of the charge under section 302/34 IPC as also of the charge under section 304 B IPC and section 498a IPC. The conviction and sentence of rigorous imprisonment of two years as passed by the learned sessions judge under the Dowry Prohibition Act, however, was confirmed.
(2.)Significantly, on trial before the learned sessions judge, the respondents herein were found guilty both under sections 302 and 498a IPC, besides section 4 of dowry Prohibition Act and were convicted thereunder and sentenced to death under section 302 IPC subject to the confirmation by the High Court and under section 498a IPC punishment of three years together with punishment of a further period of two years, as noticed under the Dowry Prohibition Act. The matter was placed before the High Court as a death reference and the High court in its elaborate judgment dealt with the issue rather extensively.
(3.)Be it noted, however, that there is no appeal against the confirmation of sentence under the Dowry Prohibition Act and there being no appeal against the sentence, it has attained finality between the parties.