SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

1993 Supreme(Mad) 201

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ARUMUGHAM
Venkatesan
Versus
State by the Inspector of Police, Srirangam
Crl.R.C.No.145 of 1989/Crl.R.P.No.l44 of 1989
Decided On : 30-03-1993

Advocates:
K. V.Sridharan, for Petitioner. G.Kumaravel, Government Advocate, for Respondent.

Criminal liability if can be fastened on accused.

Headnote:Indian Penal Code, 1860-Sections 498 A and 306-In absence of basic ingredients of the offence pointed out by the prosecution accused if can be fastened with criminal liability.

       

Judgment :

The first accused is the revision petitioner herein who along with his father and mother as accused 2 and 3 were tried by the 6th Additional Sessions Judge, Tiruchirapalli in S.C.No.61 of 1987 for the offences under Secs.306 and 498-A of the I.P.C. for allegedly causing his wife Sasikala to commit suicide on account of the perpetration of cruelty and demanding of dowry from her and her parents P.Ws.1 and 2 and that as a result of which she committed suicide on 31. 1986 at the house of the revision petitioner herein and that on recording the oral and documentary evidence adduced by the prosecution before the trial court, on the plea of the revision petitioner and other accused that they had not committed any offence as alleged, the trial court found the revision petitioner alone guilty under Secs.498-A and 306 of I.P.C. and whereupon sentenced him to undergo rigorous imprisonment for a period of one year with a fine of Rs.200, in default to undergo rigorous imprisonment for a period of six months on both the counts, but the sentences to run concurrently, however found his father and mother viz., A-2 and A-3 were not guilty and whereby acquitted them of all the charges and against which the revision petitioner has preferred the appeal in C.A.No.132 of 1988 before the learned Sessions Judge of Trichirapalli Division who on re-assessing the entire adduced evidence of both oral and documentary by the prosecution and the findings given by the trial court, dismissed the appeal while confirming the conviction and sentence recorded against the revision petitioner by the trial court and against which challenging the legality and impropriety of the same, the first accused/revision petitioner has sought the present revision as aforesaid.

.2. The brief facts of the prosecution case which are necessary to appreciate the rival contentions projected in this revision on behalf of the respective parties are stated as follows: P.Ws.1 and 2 are the father and mother of the deceased Sasikala who was given in marriage to the first accused during the year 1981 and that however, prior to the marriage there was a demand for some dowry by A-2 and A-3 from P.Ws.1 and 2 and it was also the prosecution case that the accused were demanding a scooter from P.Ws.1 and 2 as part of the dowry which was not accepted by them, but however refused bluntly. Even after the marriage there were however it appears certain demands from A-2 made to P.W.1 to provide certain articles, gold ornaments and house-hold utensils to be given to the deceased Sasikala and A-1 as evident from Exs.P-1 and P-2. According to P.Ws.1 and 2, the said articles asked for in Exs.P-1 and P-2 were provided by them. But, even though not contending with this, it was the consistent claim of ‘P.Ws.l and 2 on one hand being the father and mother of the deceased and P.Ws.3 and 4 on the other hand, being the brothers of the deceased that there was a demand for more dowry from them and that since the same was not given, the first accused/ revision petitioner and the other two accused were not treating the prosecution parties and their family with every regard but contemptuously and that on that score, they were not even on the visiting terms. While that being so, a female child was born and according to the claim of the prosecution the delivery of which was attended by the P. Ws.1 and 2 in their own house and till that time, both the revision petitioner and the deceased were in the habit of visiting the house of P.Ws.1 and 2 once or twice in a month, while though they were living separately at different places. It was also the claim of the prosecution that the acquitted accused the revision petitioner herein and A-2 and A-3 were living in a different place but not along with the first accused and their daughter the deceased Sasikala. Admittedly, according to P.Ws.1 and 2, A-2 and A-3 were living at Musiri. Further, it appears from the prosecution claim that the revision petitioner was employ











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top