In an appeal against conviction for cruelty and suicide, the High Court overturned the Fast Track Court's finding, ruling that the evidence was insufficient to prove the appellant's conduct caused the deceased's suicide.
The conviction and sentence passed by the Fast Track Mahila Court are set aside and the accused are acquitted.
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.
Crl.A.No.113 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 11.03.2022
PRONOUNCED ON : 08.07.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
CRL.A.No.113 of 2014
1.Bharathi Raja 2.Kaveri ... Appellants / Accused 1 &2
Vs.
State rep. by The Inspector of Police, Tiruppur Rural Police Station, Tiruppur (Crime No.4361 of 2011) ... Respondent / Complainant
PRAYER: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, against the order dated 28.02.2014 made in S.C.No.67 of 2012 on the file of the Fast Track Mahila Court, Tiruppur.
For Appellants : Mr.A.E.Ravichandran
For Respondent : Mr.R.Kishorekumar Government Advocate
Crl.A.No.113 of 2014
J U D G M E N T
This Criminal Appeal arises out of the Judgment passed by the learned Sessions Judge, Fast Track Mahila Court, Tiruppur, in S.C.No.67 of 2012, dated 28.02.2014, whereby, the appellants have been found guilty and convicted for the offence punishable under Section 498-A IPC., and sentenced to undergo RI for 3 years each and to pay a fine of Rs.10,000/- each, in default to under go six months simple imprisonment
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and they were living happily for quite some time. Thereto, A1, A2 and the said Tulsi were continuing their harassment. Unable to bear the same, P.W1 along with his daughter went to Mahalingapuram Police Station, Pollachi, lodged a complaint, the police called A1, warned, advised him to behave properly, later A1 let off. Thereafter, A1 and the deceased were living happily, for sometime. A1 demanded gold ring, as dowry, during Pongal festival. Five months before, his daughter was physically, brutally assaulted, she was kicked on the stomach, P.W.1 coming to know about the same, visited his daughter and took her to Tiruppur Government Hospital. Then on, she was staying with her parents, for the past six months.
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a.m., deceased consumed 'cow dung powder'. She was rushed to the Government Hospital, Tiruppur, where she was declared dead. Hence, A1, A2 and Tulsi are reasons for his daughter taking the extreme step. With this, the complaint lodged.
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P.W.10 against the accused viz., A1 / Husband, A2 / Mother-in-law and A3 / father-in-law of the deceased.
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marriage, A1 and the deceased set up separate family and home, they were living happily for quite sometime. In fact, on one occasion, A1, who sustained fracture injuries, he was convalescing from the house of P.W.1 for more than one month. For the earlier complaint, P.W.1's brother a Village Assistant, used his contacts ill treated A1 and his family, who is the reason for trivial family issues blown out of proposition. Even for a small family dispute, he using his acquittance with the police, frequently lodged the complaints. Likewise, for the family disputes, immediately complaint was lodged, A1 summoned to the Police station, further he was made to give an undertaking that he would not cause any harassment. Further, both the families viz., deceased and A1 would not interfere in their matrimonial life and in case of any disturbance, the same to be reported to the Police Station.
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relatives, they also assaulted him. Further, a police complaint lodged, a case registered, A1 and A2 arrested and latter they came out on bail and thereafter, whenever A1 attempted to meet his wife, he was chased away and warned that already a case is pending and hence, he cannot meet his wife. In fact, P.W.1, his brother and others, not allowed A1 and deceased to rejoin again.
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failed to consider these aspects and hence, prayed for acquittal.
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confirmed that the victim consumed poisonous substance. Thus, the report is also in conformity with the same. On completion of investigation, charge sheet filed.
16.Considering the submissions and on perusal of the materials this Court finds in this case, apart from father, mother and brother of the deceased viz., P.W.1 to P.W.3, no other witness, even the neighbours, not examined. P.W.1 gives exaggerated version. He admits that the marriage was arranged marriage,
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during the marriage, 11 sovereigns of gold jewels along with house hold articles were presented as 'Sridhana'. Thereafter, three months after the marriage, there was some dispute arose between the deceased and in-laws, thereafter, a separate house was set up and they were living separately, two streets away. It is admitted by P.W.1 to P.W.3 that after setting up of separate family, they were living happily. Though it is stated that there was demand of some Pongal gift, as dowry, nothing more. Further, A1, A2 and one Tulsi, younger sister of A2, used to pass comments that no proper dowry has been given. It is seen that the relationship between the deceased and A1 were cordial for some time. Thereafter, on the interference of both the family members, there has been some disturbance. They have also gone to the Police Station, undertaking given. On one occasion, A1 found his wife missing, he immediately informs the police, thereafter found that his wife was with her parents house.
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birthday of the deceased, on that day, A1 sent a 'Greeting Card' with wishes, on seeing the same, his daughter got emotional and cried. P.W.3 on his own admits that on one occasion, he along with his father, uncle and relatives went to the house of A1, and assaulted A1. It is also seen that there was a police complaint against A1 and A2, they were arrested, later let out on bail and a case is pending against them. Citing this assault case, A1 was not allowed to meet his wife, the deceased, which is admitted by P.W.1. It is also seen that by using P.W.1's younger sister's mobile phone, the deceased and A1 were talking to each other continuously for four days, prior to the occurrence and therefore, the allegation of demand for divorce is not sustainable. Due to compulsion of the family members, the deceased could not join her husband.
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Section 498A would also fall. Thus, from the above materials this Court finds that there is no case made out against the appellants / accused and the conviction passed by the trial Court is not sustainable.
19.In the result, the Criminal Appeal is allowed and the conviction and sentence passed by the Fast Track Mahila Court, Tiruppur, in S.C.No.67 of 2012 dated 28.02.2014 are set aside and the accused are acquitted. Bail Bond, if any, executed shall stand cancelled.
08.07.2022
Index: Yes/No Internet: Yes/No
MPKJ/ vv2
To
Crl.A.No.113 of 2014
M.NIRMAL KUMAR, J.
vv2/MPK
Pre-Delivery Judgment made in
CRL.A.No.113 of 2014
08.07.2022
3 issues framed by the court
Whether the appellant is guilty of cruelty as defined under Section 498-A IPC.
Whether the evidence on record establishes a case for the conviction of the appellants.
Whether the conviction for cruelty under Section 498-A IPC stands maintained when the accused were acquitted of abetment to suicide under Section 306 IPC.
3 provisions across 2 enactments
Bharathi Raja
Kaveri
State
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
