JUDGEMENT
UDAY UMESH LALIT,J. -
(1.) In this appeal by special leave, appellants (original accused Nos.2 and 3) question the correctness of the judgment and order dated 04.12.2007 passed by the High Court of Judicature at Madras dismissing Criminal
Appeal No.843 of 2006 and thereby affirming conviction and sentence of
appellants under Section 498A IPC.
(2.) A-1 Karuppaya, son of appellants got married to one Malathi, daughter of Karuthekannan and Vellathai (PWs 9 and 15 respectively) on 26.02.2001. According to the prosecution, at the time of marriage there were dowry demands and accordingly 50 sovereigns of gold, 2 sovereigns of hand chain, 3 sovereigns of gold chain, cash of Rs.50,000/- and certain
house hold articles were given by the parents of Malathi. After marriage the
couple started living at Cuddalore. In June 2002 the couple was blessed
with a child. It is alleged that thereafter A-1 prevented said Malathi to enter
the matrimonial home unless demands for additional dowry were satisfied.
Panchayat meeting was held on 26.04.2003 but no compromise could be
arrived at. A petition was sent by Malathi to the office of Chief Minister on
18.07.2003 whereafter Cuddalore police conducted inquiry. A-1 gave an undertaking that he would live with Malathi and accordingly he brought
Malathi to the matrimonial home at Cuddalore on 08.12.2003.
(3.) On the intervening night of 8th and 9th of December, 2003, there was a quarrel between A-1 and Malathi and thereafter A-1 is said to have attacked
her brutally with aruval. On 09.12.2003 at about 10.00 A.M. A-1 confessed
his guilt before PW-1 Village Officer and surrendered himself. Crime
No.1587 of 2003 was registered pursuant to the information given by PW-1,
Village Officer and the investigation was undertaken.;
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