V. Bharathidasan, J. - (1.) The sole accused in S.C.No.343 of 2006 on the file of the Mahila Court, Coimbatore, is the appellant herein. He stood charged for the offences under Sections 307, 498-A IPC, and Section 4 of Dowry Prohibition Act. The trial Court, by judgment dated 05.05.2008, convicted the accused under Section 307 IPC and sentenced him to undergo rigorous imprisonment for 7 years with a fine of Rs.500/- in default to undergo simple imprisonment for 3 months and acquitted the accused under Section 498(A) IPC and Section 4 of Dowry Prohibition Act. Challenging the above said conviction and sentence, the appellant/accused is before this Court with this appeal.
(2.) The case of the prosecution in brief is as follows: P.W.1 is the wife of the appellant/accused. The marriage between P.W.1 and the accused took place on 30.12.1992. thereafter they lived together and out of their wedlock they are blessed with two children. The accused used to harass P.W.1 by demanding dowry, and on 14.07.2005, at about 4.00 p.m., the accused assaulted P.W.1, and cut her hair and he burnt her forearm of P.W.1, with a heated spoon and caused burn injuries. On the next day, on 15.07.2005, P.W.2, the mother of P.W.1, came to their house and P.W.1 informed her about the same, after consulting with P.W.3, uncle of P.W.1, she lodged a complaint with the respondent police. Thereafter, P.W.1 was admitted in the hospital. P.W.7, Sub Inspector of Police, on receipt of the memo from the Government Hospital, Tirupur, went to the hospital and recorded the statement of P.W.1, and based on the statement, he registered a case in Crime No.25 of 2005 for the offences under Sections 498(A), 307 IPC and prepared express First Information Report and sent the same to the higher official and to the jurisdiction Court. P.W.8, Inspector of Police, on receipt of the First Information Report, proceeded to the scene of occurrence and prepared Observation Mahazar, Ex.P.1 and Rough sketch, Ex.P.6, in the presence of the witnesses and recorded the statement of witnesses. On 16.07.2005, he arrested the accused and on such arrest he has voluntarily given a confession and based on the disclosure statement, he recovered a spoon and scissor and hair of P.W1, which was cut by the accused and removed during the occurrence. Then, he recorded the statement of Doctor. After completing the investigation, he laid a charge sheet for the offences under Sections 498(A) and 307 IPC.
(3.) Based on the above materials, the trial Court framed the charges as detailed in the first paragraph of this judgment against the accused. The accused denied the same. In order to prove the case of prosecution, as many as 8 witnesses were examined and 8 documents were marked, besides 3 Material Objects.;