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2010 Supreme(Mad) 1133

High Court of Judicature at Madras
S. NAGAMUTHU
M. Sathiskumar
Versus
State by the Inspector of Police, Erode North Police Station, Erode District
Crl.R.C.No.529 of 2008
Decided On :19-03-2010

Advocates Appeared:
For the Petitioner:V. Gopinath, Senior Counsel, N. Manokaran, Advocate.
For the Respondent:R. Muniyappa Raj, Government Advocate (Crl. Side).

Headnote:A. INDIAN PENAL CODE, 1860 - SECTION 306 & 107 -

       Conviction by trial court for offences under Section 498-A & 306 IPC - Criminal Revision filed HELD, following, 2009 (4) MLJ (Crl) 983, that unless it is established by Prosecution beyond reasonable doubt that there was either direct or indirect act of inducement to commission of suicide, mere fact that husband treated wife cruelly is not enough to convict under section 306 - Allegations by witnesses did not find place in earlier report by RD - Evidence only indicated harassment only due to misunderstanding, which would not constitute abetment under section 107 IPC - Contention held unsustainable.

       B. INDIAN PENAL CODE, 1860 - SECTION 498A -

       Held, close look at evidence of PW 1, 2, 3, 5 and 6 would show that though conduct of accused would amount to harassment same would not fall with in definition of cruelty in terms of Section 498A - Conduct of petitioner was not the nature likely to drive deceased to commit suicide - Misunderstanding between spouses and domestic quarrel cannot be termed as cruelty - Conviction set aside.

       Result: Criminal RC allowed.

Judgment :-

1. The petitioner is the sole accused in S.C. No.129 of 2006 on the file of the learned Assistant Sessions Judge/Chief Judicial Magistrate, Erode. By judgment dated 16.2.2007, the learned Assistant Sessions Judge convicted the petitioner under Sections 498-A and 306, I.P.C. and sentenced him to undergo one year’s rigorous imprisonment and to pay a fine of Rs.500/- in default to undergo one month rigorous imprisonment for the offence under Section 498-A, I.P.C. and further to undergo three years’ rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo two months’ rigorous imprisonment for the offence under Section 306, I.P.C. Challenging the same, he filed an Appeal in C.A. No.65 of 2007. The learned Additional District, and Sessions Judge (Fast Track Court No.1), Erode by judgment dated 16.2.2008 while confirming the conviction, modified the sentence. Instead of three years’ rigorous imprisonment for the offence under Section 306, I.P.C., the learned Appellate Court reduced the same to two years. The fine imposed for the said offence was confirmed.

The sentence imposed for offence under Section 498-A was also confirmed. Challenging the same, the petitioner is before this Court with this Revision.

2. The case of the prosecution in brief is as follows:

This case relates to the death of two persons. For the sake of convenience, the deceased Mrs. Akilandeshwari shall be referred as D1 and the deceased Devadharishini shall be referred as D2. D1 is the wife and D2 is the daughter of the petitioner/accused. P.W.1 and P.W.5 are the foster parents of D1. P.W.2 is the natural mother and P.W.3 had settled down in Mangalore. The marriage between the petitioner and D1 was solemnized in the month of March 1999. Thereafter, the petitioner and D1 lived together as husband and wife at Bodinaickanur. Out of the wed lock, D1 became pregnant. When she was 8 months pregnant, she allegedly called P.W.1 over phone and informed him that her family members were compelling her to undergo abortion since it was presumed that a female child would be born. Two days thereafter, D1 again called P.W.1 over phone and started crying. The father-in-law of D1 informed P.W.1 that D1 was not well, on the same day, P.W.1 and P.W.5 went to the house of D1 and they found that D1 was lying on the bed. P.W.1 and P.W.5 were informed that D1 had fallen down from upstairs and therefore, she was taking rest. Immediately thereafter, D1 was taken to the hospital. While in the hospital, she informed P.W.1 and P.W.5 that she fell down because she was pushed by the accused from the stairs. Thereafter the life went on end D2 was born. At that point of time, P.W.1 and other family members came to know that the accused was only in a temporary job drawing a meager sum of Rs.1,500/-per month. Therefore, P.W.1 and his family members started to help D1 monetarily. One year prior to the occurrence, D1 and the accused went the house of P.W.2 at Mangalore. At that time, P.W.6 who is the nephew of D1 visited the house of P.W.2 with her husband. During the conversation, P.W.6 and her husband advised the accused to seek some other better job. The said advice was not to the liking of the accused. He got angry and returned to Erode leaving D1 alone at Mangalore itself. After that, P.W.1, P.W.2 and P.W.5 took D1 to Erode and persuaded the accused and his family members to take care of D1 and left her with them. Again on 19.6.2003, D1 spoke to P.W.2 over phone and informed that she was being harassed by the accused suspecting her fidelity. On 18.9.2003 at about 1.30 p.m., D2 committed suicide by hanging, after hanging D2 also. Both died instantaneously.

3. On the Complaint of P.W.1, P.W.13, the Inspector of Police, Erode North Police Station registered a case in Crime No.488 of 2003 for the offences punishable under Sections 302, I.P.C. and 174, Cr.P.C. in Crime No.488 of 2003. P.W.14, the Revenue Divisional Officer, Erode conducted inquest over the dead body of b


















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