High Court allowed criminal appeal against conviction under Dowry Prohibition Act and Indian Penal Code sections 498-A and 304-B IPC. Court quashed judgment due to lack of evidence regarding cruelty immediately preceding the wife's suicide.
Judgment of trial court set aside; appellants acquitted of all charges; bail bonds cancelled; fine refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Bail Slip
The Accused namely Viz., Balaji, S/o. Madhanagopal, 2. Madhanagopal, S/o. Padmanabha Naidu, and 3. Kousalya, W/o. Madhanagopal were released on bail made in MP.No.1/2009 in Crl.A.No.623/09 of this Court.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2017
CORAM:
THE HON'BLE MR.JUSTICE C.T. SELVAM
Crl.A.No.623 of 2009
1.Balaji
S/o.Madhanagopal
2.Madhanagopal
S/o.Padmanabha Naidu
3.Kousalya
W/o.Madhanagopal .. Appellants/Accused
vs.
State by
The Assistant Commissioner of Police,
Villivakkam Range,
Chennai. .. Respondent/Complainant
Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure against the judgment of learned Judge, Magalir Needhimandram, Chennai, passed in S.C.No.83 of 2007 on 05.10.2009.
For Appellants : Mr.N.R.Elango, senior counsel for Mr.A.S.Balajee
For Respondent : Mr.V.Arul
Additional Public Prosecutor
JUDGMENT
This appeal arises against judgment of learned Judge, Magalir Needhimandram, Chennai, passed in S.C.No.83 of 2007 on 05.10.2009.
“POST-MORTEM CERTIFICATE
Regarding the body of female aged about 22 years, named Anitha. Requisition received at 03.00 p.m. on 4.12.04 from the Thasildar, Purasawakkam of Perambur with his letter No.1900/04 dated 4.12.2004. Body in charge of Police Constable No.17905 PC V4 Rajamangalam Police Station named N.Balaji
Identification and caste marks -
(1)A black mole below right eye
(2)A black mole over left forearm
The body was first seen by the undersigned at 3.15 p.m. on 4.12.2004. Its condition then was Rigor Mortis present in all the limbs. Post-mortem commenced at 3.15 p.m. on 4.12.2004. Appearances found at the postmortem – Moderately nourished female body.
Injuries. - An incomplete brown colour ligature abrasion 19 cm x 2 cm seen over the front and sides of the neck on the front the ligature abrasion is above the thyroid cartilage on right side 8 cm below the
mastroid process and 5 cms below the left mastroid process 4 cms below the chin O/D the area underneath the ligature abrasion is pale and parchment. No evidence of hemorrhage in the soft tissue of the neck. Thyroid cartilage and Hyoid bone are intact. No other injury made out.
Hear : Normal in size C/s. All chambers contain fluid blood.
Coroney :Patent. Hyoid bone : Intact. Stomach : Empty. Lungs, liver, spleen, kidneys normal c/s congested. Intestines : Distended with gas. Uterus : Empty. Pelvis : Intact. Scalp bones Membranes : Intact. Brain : Surface vessels are premium. Spinal column : Intact. Opinion: The deceased would appear to have died of Asphyxia due to hanging.”
PW-10 examined PWs.1, 2, 4, 5 and others and recorded their statements. In the course of enquiry, PW-10 found that there was dowry demand. PW-10 altered the F.I.R to one u/s.498-A and 304-B IPC. The alteration report is Ex.P12. On 04.12.2004 at about 08.00 p.m., PW-10 arrested the accused. On 05.12.2004, PW-10 produced the accused before Judicial Magistrate. PW-10 examined PW-7, Doctor, who conducted postmortem and recorded his statement. PW-10 examined PW-8 and recorded his statement. On completion of investigation, PW-10 filed charge sheet informing commission of offences u/s.498-A and 304-B IPC.
appellant/husband that she wished to go over to her mother's house but he had stated that since it was Friday they could go on Saturday and then he had gone off to work. They were of the view that she could have resorted to suicide distressed by his response. PWs.1, 2 and 3, mother, father and uncle of deceased had deposed to having been informed by deceased of cruelty meted out to her. Third accused is the sister of PW-2. Prosecution party and accused were immediate relatives and there admittedly was a property dispute between them as spoken to by PWs.1 to 3.
The Criminal Appeal shall stand allowed. The judgment of learned Judge, Magalir Needhimandram, Chennai, passed in S.C.No.83 of 2007 on 05.10.2009, shall stand set aside. Appellants are acquitted of all charges. Fine, if any, paid shall be refunded. Bail bonds, if any, executed shall stand cancelled.
Sub Assistant Registrar
gm
To
1.The Judge,
Magalir Needhimandram,
Chennai.
2.The Assistant Commissioner of Police,
Villivakkam Range,
Chennai.
3.The Public Prosecutor,
High Court, Madras.
4. The X Metropolitan Magistrate, Chennai.
5. The Chief Metropolitan Magistrate, Egmore, Chennai.
6. The Superintendent Central Prison, Puzhal, Chennai.
+ 1 cc to Mr. A.S. Balajee, Advocate SR.55304
Crl.A.No.623 of 2009
NRJK(CO)
EU(24/11/2017 )
2 issues framed by the court
Whether conviction under section 304-B IPC can be sustained in the absence of material indicating cruelty soon before death.
Whether alternate causes of death regarding suicide distressed by the husband's response support acquittal.
2 provisions across 1 enactments
Balaji
Madhanagopal
Kousalya
State
C.T. Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
