Bail Slip

The Petitioner/Accused No.1 viz Murugan, Male 33 years

S/o. Rajangam and the Petitioner/Accused No.2 viz Achiammal,

W/o. Rajangam were directed to be released on bail vide order

dated 05.08.2014 in M.P. No. 2/2014 and M.P. No. 3/2014

respectively in Crl.R.C.No.719/2014 on file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order Reserved on : 24.01.2022

Order Pronounced on: 08.02.2022

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Crl.R.C.No.719 of 2014

1.Murugan

2.Achiammal

...Petitioners/Accused Nos. 1 & 2

Versus

The Deputy Superintendent of Police,

Mayiladuthurai,

Sembanarkoil Police Limit,

Nagapattinam District.

(Cr.No.228 of 2008)

...Respondent/Complainant

Prayer : Criminal Revision Case is filed under Section 397 r/w

401 of Cr.P.C., to call for the records and set aside the

conviction and sentence made in Crl.A.No.6 of 2011, dated

22.04.2014 on the file of the learned Sessions Judge, Mahila

Fast Tract Court, Nagapattinam, in confirming the judgment made

in S.C.No.322 of 2008, dated 11.01.2011 on the file of the

learned Principal Assistant Sessions Court, Mayiladuthurai and

thus allow the Criminal Revision.

For Petitioners : Mr.M.Maharaja

For Respondent

: Mr.L.Baskaran

Government Advocate

(Criminal Side)

ORDER

This Criminal Revision Case in Crl.R.C.No.719 of 2014 is

filed by the petitioners/accused, aggrieved by the judgment of

https://hcservices.ecourts.gov.in/hcservices/

the learned Principal Assistant Sessions Judge, Mayiladuthurai,

dated 11.01.2011 in S.C.No.322 of 2008, thereby, convicting

petitioners for the offence under Section 498-A of Indian Penal

Code and imposing a sentence of two years Rigorous Imprisonment

and fine of Rs.2,000/- each and in default of payment of fine,

to undergo six months Rigorous Imprisonment and the offence

under Section 304-B of Indian Penal Code and imposing a sentence

of seven years Rigorous Imprisonment and the judgment of the

Mahila Fast Track Court, Nagapattinam, dated 22.04.2014 in

Crl.A.No.6 of 2011, thereby, confirming the conviction and

sentence imposed by the Trial Court.

2. On 26.03.2008, P.W.1, Balu @ Balakrishnan went to

Sembanarkoil Police Station, Nagapattinam District and lodged

complaint to the effect that his daughter was married to the

first petitioner/accused on 24.01.2007 and the second accused is

her mother-in-law. In connection with the marriage, it was

agreed to give 12 sovereigns of gold and Rs.42,500/- as cash for

the Motorcycle, even though 10 sovereigns and cash was given, 2

sovereigns of gold was promised to be given after the birth of

the child. From the beginning, his daughter was treated with

cruelty by demanding 2 sovereigns of gold. His daughter also

gave birth to a male child on 24.02.2008 and thereafter, since

he could not comply with the demand of Rs.25,000/- for purchase

of Car, her daughter was tortured for not bringing the 2

sovereigns of gold and under these circumstances, on 24.03.2008,

somebody, from the place of the accused, came to their house

during night time and informed them that her daughter had died.

He went to the house of the accused next day morning along with

his wife and relatives only to find his daughter dead and being

laid on a table and the child, who was one month old, was near

the water tank. The accused and their relatives had since ran

away from the house and therefore, he had gone to the Police

Station along with his well-wishers and relatives and lodged a

complaint.

3. Upon such complaint, P.W.12, Sub-Inspector of Police

registered a case in Cr.No.228 of 2008 initially under Section

174 Cr.P.C.

Thereafter, P.W.14 took up the case for

investigation, altered the section into Sections 498-A and 304-B

of the Indian Penal Code, completed the investigation and laid a

Final Report, proposing th