2000(3) Supreme 200
SUPREME COURT OF INDIA
(From Madras High Court)
G.B. Pattanaik & Shivaraj V. Patil, JJ.
Asokan -Appellant
versus
State Rep. By Public Prosecutor, Madras -Respondent
Criminal Appeal No. 597 of 1992
With
Criminal Appeal No. 568 of 1992
And
Criminal Appeal No. 256 of 1994
Decided on 5-4-2000
Counsel for the Parties :
For the Appearing Parties : N. Natarajan, Sr. Advocate, V.G. Pragasam, V. Balachandran, S. Aravindh, Senthil Jagadeesan, K.V. Ventataraman, K.V. Viswanathan, V. Krishnamurthy, and V. Ramasubramanian, Advocates.
JUDGMENT
Pattanaik, J.-These three appeals arise out of one Sessions Trial, wherein the four accused persons viz. Rajammal Accused No. 1, Balasubramaniam Accused No. 2, Murugesan accused No. 3 and Asokan Accused No. 4 stood charged for different offences. Accused Nos. 1 to 3, Rajammal, Balasubramaniam and Murugesan were charged under Sections 302/34 IPC, 498A IPC and 201 IPC. Accused Nos. 1 and 3 stood further charged under Section 4 of the Dowry Prohibition Act and Accused No. 4 was charged under Section 498A IPC alone. Prosecution case in nutshell is that Accused No. 4 Asokan is the husband of deceased Porkodi and they were married on 24th of March, 1985. A1 and A3 are the parents of Asokan and A2 is his younger brother. It was alleged that on 18.6.1985 at 10 A.M. in furtherance of their common intention, they committed murder of deceased Porkodi by manual strangulation and the motive behind the strangulation was that the demand of dowry was not satisfied by the parents of the deceased. It was also alleged that the deceased had been subjected to cruelty and harassment by making unlawful demand and further after causing the murder of the deceased Porkodi, the accused persons attempted to cause disappearance of the evidence by setting up a case that Porkodi had committed suicide. The defence is one of denial. Prosecution examined several persons to establish the charges against the accused persons. PWs 3 and 4 are the two witnesses, who were residing upstairs of the house, where the accused persons were residing and the incident itself occurred. According to the evidence of PWs 3 and 4 at 10.30 A.M., on the date of occurrence the noise of deceased Porkodi was heard and soon thereafter accused Balasubramaniam (A2) came upstairs and wanted them to come down since his mother wanted so. When they went downstairs, they found accused Rajammal, Balasubramaniam and Murugesan were in the room, next to the hall and Porkodi was lying on the ground with the face upward and there were injuries on her neck. While Rajammal, initially told that her daughter-in-law had committed suicide by hanging but on being further questioned, the accused persons told that they had committed mistake unknowingly but if any people ask PWs 3 and 4, then they should tell that she has committed suicide by hanging and they were pleading to save them. Soon thereafter, PW 4 left the house of office. PW 14, who is the neighbour, also heard the death news of Porkodi and came out of his house, when Balasubramaniam conveyed him that she died on account of heart attack. In the meanwhile, PW 11 had come to the house of the accused to meet Murugesan, but he found the house to be locked from inside and when he knocked the door, it is the Balasubramaniam, who opened it. A1 Rajammal was also standing near him and Murugesan asked PW 11 to come after two or three days. Asokan was working in Ashok Leyland Workshop and was not available in the house and he was only informed by Murugesan about the death of Porkodi. He, therefore, left the factory and came back to his house. Balasubramaniam in the meanwhile came to the house of PW 7 and told him that Porkodi had a heart attack and her condition as serious. On getting such information, PWs 1, 2 and 7 left for the house of the deceased and found Porkodi lying dead. They also found contusions on both sides of her neck and when PW 11 asked the accused persons as to what had happened, the reply was that Porkodi had committed suicide by hanging. PW 1 however entertained some doubt as to the cause of death and, therefore, went to Tiruvottiyur Police Station along with PW 2 and lodged a report, which was recorded by the Sub Inspector PW 22 and the said Sub Inspector registered a case of suspicious death. The Police Officer then sent information to the Tahsildar and then left for the scene of occurrence and on reaching the place of occurrence, prepared a sketch map and also made some seizure. The Tahsildar PW 21, arrived at the place of occ
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