Misjoinder of charges caused prejudice to the accused.

JUDGMENT: Accused in S.C.No.82 of 1995, on the file of Principal Sessions Judge, Trichy is the appellant. By judgment dated 24.7.1996 appellant/accused was convicted for the offence punishable, under Secs.304(b) and 498(A), I.P.C. and sentenced to rigorous imprisonment for seven years. The trial Court acquitted him of the charge under Sec.302, I.P.C.

2. P.W.1 Dharmalingam is the father of the deceased Arangee and father-in-law of the accused. Marriage between the accused and deceased Arangee was solemnized in 1990. At the time of marriage, P.W.1 has given her Seervarisai. There was no demand of dowry at that time. Thereafter accused started ill-treating Arangee, demanding for more dowry and she was also driven away from the house. Pancyhayats were held in this regard. Neighbours-P.Ws.3 Periyasamy, P.W.4 Selvaraj and Panchayatar P.W.6 Ariyamuthu were examined to prove the demand of dowry.

3. Further case of prosecution is that on 6.8.1993-12.00 noon the accused has taken the deceased Arangee to Kadambur fallow land belonging to Sivan Temple which is in the possession of one Marudhanayaham Pillai. The accused is alleged to have inflicted cut injuries with M.O.1-arruval on deceased Arangee. P.W.5-Chinnapillai was examined to speak that the deceased was last seen alive in the company of the accused. P.W.12 was examined to speak that he saw the accused on 6.8.1993 at 4.00p.m. coming with aruval and then washing the same in a pool. P.W.10-Karuppiah is alleged to have seen the accused running from East and boarding ASIA bus. P.W.10 and P.W.11 Alagappan had turned hostile.

4. From one Selvaraj, P.W.1 learnt that his daughter Arangee was found dead in Tharisu a land at Kadambur. Upon hearing the same, he rushed there and found the body with injuries. Thereafter P.W.I went to Vikramangalam Police Station and lodged Ex.P-1-complaint. On the basis of Ex.P-1, P.W.15-Sub-Inspector of Police had registered Ex.P-13 F.I.R. in Crime No.201 of 1993 or Secs.498(A) and 302, I.P.C.

5. Since death was within a period of seven years, P.W.14-Revenue Divisional Officer had taken up the initial investigation. Examining the witnesses, he has conducted the Inquest. Ex.P-11 is the Inquest Report. After Inquest, he sent the body to post-mortem along with Ex.P-2-requisition.

6. P.W.2-Dr.Prema conducted, Autopsy at 11.50 a.m. on 8.8.1993 on the decomposed body. P.W.2 noted the following injuries:

(i) An incised wound on the Right Cheek 4" x 1" in size going into the oral cavity. Teeth are missing.

(ii) A swelling in the right Temporal Regional of the scalp 6" x 3" in size,

(iii) Multiple abrasions on both legs outer aspect on the Right elbow Joint, Right Forearm, Right knee joint end left Thigh (Postmortem)

(iv) Skin peeled off in the left side of the Abdomen on epigastic Region (Postmortem) "External Injuries at right cheek. Teeth are missing, Swelling and Multiple abrasions on both legs and internal injuries at three places."

Ex.P-3 is the Postmortem Certificate containing "the final opinion. According to P.W.2, death was due to shock and hemorrhage due to multiple injuries, especially due to internal injury Nos.1 and 2. (Head Injury).

7. P.W.14-Revenue Divisional Officer expressed the opinion that the death might be due to dowry harassment and directed further investigation.

8. P.W.16-Deputy Superintendent of Police had taken up further investigation. On receipt of the F.I.R. on 7.8.1993-4.00 p.m. he has inspected the scene of occurrence. Ex.P-5-Observation Mahazar and Ex.P-14-Rough Plan were prepared on the scene of occurrence. M.O.1 aruval was seized under Ex.P-6 Mahazar.

9. P.W.1 -Deputy Superintendent of Police had taken up further investigation. On 21.4.1994 he has arrested the accused. On completion of formalities of the investigation, charge sheet was filed against the accused on 28.4.1994 under Secs.498(A) and 302, I.P.C.

10. To substantiate the charge against the accused, in the trial Court, prosecution has examined P.Ws.1 to 17, Exs.P-1 to P-14 and M.Os.1 to 4

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