- (1.)This appeal at the instance of A1, who is the appellant herein, is directed against the judgment of the Division Bench of the Madras High Court dated 16.08.2007, passed in Criminal Appeal No.434 of 2006.
(2.)Brief facts which are required to be stated are that the appellant is the husband of the deceased Gulsara Banu. Along with the appellant, his parents were also proceeded against, who were arrayed as A2 and A3. All the three accused were charged for offences under Sections 498(A), 302 and 201 of I.P.C. The parents of the appellant viz., A2 and A3 were found guilty of the offences under Section 498(A) of I.P.C. as well as under Section 4 of the Dowry Prohibition Act, 1961. A2 who was also charged under Sections 302 and 201 of I.P.C. was acquitted of those charges. A2 and A3 have already undergone the sentence, even while the appellant s appeal was preferred before the High Court. The High Court therefore dealt with the case of the appellant alone.
(3.)As far as the occurrence is concerned, the appellant got married to the deceased on 27.07.1997. They were living in a rented premises belonging to P.W.3 at Kurumanthur. It was a portion of the house. The occurrence took place in the morning hours of 12.08.2004. P.W.1 is the complainant who is the father of the deceased. According to him, he received a phone call from the accused at 3.00 p.m. stating that the deceased complained of stomach pain and wanted him to come over to Kurumanthur immediately. Such information was also passed on to P.W.2, uncle of the deceased, by around 3.30 p.m. and he also immediately rushed to Kurumanthur which was just 50 kms away from his place. After P.W.1 reached the place of occurrence at around 10.00 p.m., he found strangulation marks on the neck of the deceased. He preferred Ex.P-1- Complaint, before the All Women Police Station, Gobichetipalayam. The Complaint was lodged with P.W.13, the Inspector of Police of the said police station.