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2022 Supreme(SC) 1851

SURYA KANT, HRISHIKESH ROY
Vijaya – Appellant
Versus
State Rep By The Inspector of Police – Respondent


Advocates Appeared:
Mr. S. Nagamuthu, Sr. Advocate, Mr. Y. Arunagiri, Advocate, Mr. M.P. Parthiban, Advocate, Mr. Hardik Gautam, Advocate, Mr. Raghunatha Sethupathy, Advocate, for the Appellant; Dr. Joseph Aristotle S., Advocate, Ms. Nupur Sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, for the Respondent.

JUDGMENT

Surya Kant, J. - Leave granted.

2. The appellant is wife of the defacto complainant Mani @ Allimuthu. After about 2 years of their marriage, the couple was blessed with a daughter. It appears that on account of appellant's failure to cook sufficient food for her inlaws, who visited their house, a quarrel took place between the husband and the wife. The appellant, unfortunately, decided to commit suicide and consumed a poisonous substance, Odeuvanthlai, which she also administered to their 10 months old daughter. The husband of the appellant, namely, the defacto complainant, had gone for work at that time and when he came back to his house after his work on 10102012, he found both the appellant and their daughter unconscious. They were taken to Vinayaga Mission Hospital, Salem where the baby girl died on 13102012. When the appellant gained consciousness, her purported Dying Declaration (Exhibit `P20') was recorded on 11102012 by learned Judicial Magistrate (P.W. 13). The appellant eventually survived. The husband of the appellant had meanwhile reported the matter to the Police, which led to registration of a case under Sections 302 and 309 of the Indian Penal Code (in short '

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