ORDER

This Criminal Appeal has been filed to set aside the order in Crl.A.No.60 of 2017, on the file of the III Additional District Judge, Virudhachalam, dated 16.07.2018 thereby reversing the order in C.C.No.209 of 2007, on the file of the Judicial Magistrate No.I, Virudhachalam, dated 23.06.2017.

2. This Appeal has been directed as against the order passed in C.A.No.60 of 2017 on the file of the III Additional District Judge, Virudhachalam, thereby reversing the offence made in C.C.No.209 of 2017 on the file of the Judicial Magistrate, Virudhachalam, thereby convicted the respondents two and three herein.

3. The case of the prosecution is that the victim and the son of the respondents two and three herein got married on 10.09.2004 and at the time of their marriage, her husband was presented with totally 21 sovereigns of golden jewels, a two wheeler and other household articles. The marriage expenditure was also borne out by the appellant and her parents. Even prior to their marriage, her husband was taking treatment at Government Hospital, Tambaram, since he was suffering from HIV positive. The above said fact was known to the accused persons and by suppressing the same, they his arranged marriage with the appellant. After the marriage, the victim lived with her husband along with the respondents two and three herein. Thereafter, for his treatment, the victim also paid a sum of Rs.1 lakh. Because of their relationship, the victim also tested HIV positive and she had taken treatment at Cuddalore. Further, her husband was also affected by Tuberculosis. On 11.05.2005, he was admitted in Government Hospital, Tambaram and he died on 12.05.2005 due to HIV. Hence the complaint.

4. On receipt of the complaint, the first respondent registered FIR in Crime No.13 of 2015 for the offence under Sections 417, 148, 420 and 498(A) IPC. After completion of investigation, the first respondent filed final report and the same has been taken cognizance by the trial Court as against these accused persons for the charges under Section 498(A) and 417 IPC

5. On the side of the prosecution PW1 to PW8 were examined as witnesses and Exs.P1 to P11 were marked as exhibits and on the side of the defence, no one was examined and Exs.D1 to D4 were marked as exhibits.

6. On perusal of oral and documentary evidence, the trial Court found the respondents guilty for the offence under Sections 420 IPC and sentenced them to undergo rigorous imprisonment for one year and further, found them guilty for the other offences under Sections 498(A), 417 and 418 IPC. Aggrieved by the same, the respondents two and three preferred an appeal and the same was allowed and the finding of the trial Court was reversed. Aggrieved by the same, the victim filed this appeal.

7. The learned counsel for the appellant submitted that the trial Court rightly appreciated the evidence and convicted the respondents two and three herein. Further, the first Appellate Court acquitted them without even appreciating the medical report produced by the prosecution to establish the guilt of the respondents two and three. The respondents two and three had full knowledge about the illness of the deseased viz., he was suffering from HIV positive. Knowing the fact very well, they had dishonestly proceeded to perform his marriage with the victim with an intention to deceive her.

8. He further submitted that pending this appeal, the learned counsel for the respondents two and three reported that there is negotiation talks going on and requested further time for amicable settlement between the parties. Today, the learned counsel for the respondents two and three represented that there is no settlement since they had no property to settle in favour of the victim. 9. The learned counsel for the appellant produced a judgment passed in O.S.No.316 of 2005 on the file of the Principal District Munsif, Virudhachalam, filed by the third respondent herein for declaration and permanent injunction as against the victim and