JUDGMENT

The case of the prosecution is that P.W.1/Swetha and the first accused got married on 16.05.2010. The second accused is the mother-in-

law of P.W.1. After marriage, the first accused was torturing P.W.1, demanding Maruthi Suzuki Swift Car and also to convey the land in his name. The second accused also threatened P.W.1 that she would re-marry his son if the demands are not met. Six months before the complaint, both the accused had physically assaulted and pushed her down and smothered her with a pillow. On 05.04.2015 at about 8.00 P.M., when P.W.1 was at home, the first accused tried to hit her with a hot cooker-utensil found in the kitchen. When P.W.1 was trying run and escape, the second accused prevented caught hold of her and the first accused kicked her on the abdomen and also hit her on the face and she was bleeding in her ear and nose.

2.On the said complaint, a case was registered in Crime No.263 of

2015 and P.W.12 took up the case for investigation, completed the investigation and filed a final report, proposing that the accused be found guilty for the offences under Sections 498A, 307, 326, 506(ii) of IPC. The same was taken on record in P.R.C.No.55 of 2015 and upon the appearance of the accused and furnishing of copies, the case was committed to the learned District and Sessions Judge, Krishnagiri. The case was thereupon taken on file in S.C.No.113 of 2016 and was made over to the Trial Court.

3.The Trial Court, after considering the materials on record, framed charges for the offenses punishable under Sections 498A, 307, 326, and 506(ii) of IPC. Upon questioning, the accused denied the charges and stood trial.

4.To bring home the charges, on behalf of the prosecution, P.W.1 to P.W.13 were examined and Exs.P-1 to P-11 were marked. Upon questioning about the material evidence and incriminating circumstances on record under Section 313 of Cr.P.C., the accused denied the same as false.

Thereafter, no evidence was let in on behalf of the defence.

5.The Trial Court, therefore, proceeded to hear the learned Additional Public Prosecutor and the learned Counsel appearing for the accused and by the Judgment dated 28.11.2019, while acquitting the accused for the offences under Sections 307 and 506(ii) of IPC and for the other offences under Section 498A of IPC and imposed Rigorous Imprisonment for a period of two years and fine of Rs.25,000/- and found both the accused guilty for the offence under Section 4 of the Dowry Prohibition Act, 1961 and imposed a sentence of one year Rigorous Imprisonment and to pay fine of Rs.10,000/-. The first accused was found guilty of the offence under Section 326 of IPC and was imposed with Rigorous Imprisonment for a period of five years and a fine of Rs.25,000/- and the second accused was found guilty of the offence under Section 326 of IPC r/w Section 109 of IPC, and was imposed with Rigorous Imprisonment for a period of five years and fine of Rs.25,000/-. Aggrieved by the same, the present appeal is filed before this Court.

6.Heard Mr.S.Karthikeyan for Mr.T.Panchatsaram, learned Counsel for the appellants and Mr.S.Vinoth Kumar, learned Government Advocate (Criminal side) appearing on behalf of the respondent.

7.Mr.S.Karthikeyan, learned Counsel for the appellants would submit that in this case, except for the sole and uncorroborated testimony of P.W.1, there is no direct evidence on record. P.W.9 and P.W.10 were belatedly included and they are interested witnesses, in any event, did not have direct knowledge about the incident. Even in the 161 statements of some of the witnesses were also not recorded, therefore, the flaw in investigation is fatal to the case of the prosecution. Further, he would submit that from the medical evidence, it cannot be established that the alleged injury was inflicted by the accused/first appellant herein. In any event, the learned Counsel for the appellants would submit that this is not the case where the appellants had used any deadly weapon. In the absence