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2015 Supreme(Mad) 2578

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DEVADASS, J.
V.Venkataraman – Appellant
Vs.
State, Represented by the Assistant Commissioner of Police, Ayanavaram Range - Respondent
Crl.A.No.56 of 2012
Decided On : 31-07-2015

Advocates:
Advocate Appeared:
For Appellant : Mr. V.Padmanabhan, Senior Counsel for Mr. B.Harikrishnan.
For Respondent: Mr. P.Govindarajan, Additional Public Prosecutor.

Headnote:

Penal Code, 1860 – Sections 498A, 306 – Code of Criminal Procedure, 1973 – Sections 357, 174 – Suicide – Sole accused in the Sessions Case in S.C. on the file of the learned Sessions Judge, Mahila Court, Chennai is the appellant – He is alleged to have harassed his wife for dowry and also abetted her commission of suicide – Held, Merely because a person who has committed suicide has left a suicide note immediately one cannot jump to a conclusion that it is enough to mulct the accused with criminal liability under Section 306 IPC – The contents of the suicide note has to be analysed to find out whether it contains any incriminating information in the nature of instigation, provocation, forcing the victim to commit suicide – Now reading the alleged handwritings of the deceased in Ex.P-2 diary, it is not of such a nature – The entire handwritings in Ex.P-2 would not show any abetment on the part of the accused – It would not show any intention or wish on the part of the accused that his wife should die – It would not show any positive act on the part of the accused forcing her to commit suicide – Prosecution has not established the charges framed against the accused beyond all reasonable doubts – Accused is entitled to the benefit of doubts – Criminal Appeal Allowed

JUDGMENT

The sole accused in the Sessions Case in S.C.No.3 of 2007 on the file of the learned Sessions Judge, Mahila Court, Chennai is the appellant.

2. He is alleged to have harassed his wife for dowry and also abetted her commission of suicide.

3. He was prosecuted in the said Court. Ultimately, the Trial Court, appreciating the evidence adduced, found him guilty under Sections 498-A and 306 IPC and sentenced him as stated below:       

Conviction

Sentence

498-A IPC

One year R.I. and fined of Rs.5,000/- i/d 3 months S.I.

306 IPC

Five years R.I. and fined of Rs.25,000/- i/d 3 months S.I.

4. The Trial Court directed both the sentences imposed on the accused were directed to run concurrently. The Trial Court also directed payment of Rs.25,000/- as compensation, out of the total fine of Rs.30,000/- to PW-3, under Section 357 Cr.P.C.

5. The case of the prosecution runs as under:

(1) Lakshmidevi is the elder daughter of PWs-1 and 2 Mohana Subramanian and Meenakshi. The accused is employed in I.C.F., Chennai. On 9.3.1998, the accused married Lakshmidevi. For about 8 months, they have lived in PW-1's house. Thereafter, they have set up their separate family in a separate residence. On 6.9.1999, their son PW-3, Hari Eswar was born;

(2) The accused developed intimacy with a woman. He used to come home drunk and quarrel with his wife. He also demanded money from her family;

(3) PW-1 gave the accused Rs.60,000/- to purchase a flat. Subsequently also, P.W.1 gave him Rs.40,000/-. However, the accused continued to harass his wife for dowry. He also got Rs.1 lakh from Lakshmidevi's sister in U.S.A. He scolded his wife for she remaining idle in the house without going for a job;

(4) On 27.7.2003 morning, Lakshmidevi woke up late. The accused scolded and beaten her. In the circumstances, she went to Villivakkam Railway Station along with her son. PW-2 and her friend PW-4 Jagadeeswari brought them to the house of the accused. However, the accused quipped at his wife that still she did not die;

(5) In the circumstances, on 13.8.2003, at about 1 p.m., in their house at No.15, B-1, Second Floor, Meera Apartments, North Thirumalai Nagar, Villivakkam, Chennai-49 Lakshmidevi committed suicide by hanging. PWs-1 and 2 seen their daughter's dead body;

(6) On the same day, at about 3 p.m., at the ICF Police Station, the accused gave Ex.P-13 complaint as to the death of his wife to PW-10, Subramani, Inspector of Police. He registered a case under Section 174 Cr.P.C.;

(7) Since she died within 7 years of her marriage, P.W.9 Thirunavukkarasu, Tahsildar conducted enquiry and his report is Ex.P12. PW-12, Ramakrishnan, Assistant Commissioner of Police, Villivakkam Range took up his investigation. He visited the scene place. In the presence of PW-5 and DW-1, Thiagarajan and Ramamurthy, P.W.12 prepared Ex.P-4 Observation Mahazar. He drew Ex.P-17 Rough Sketch. In the presence of said witnesses, P.W.12 seized Ex.P-2 Diary from the house of the accused under Ex.P-15 Seizure Mahazar; PW-11, Dr.Kannan Srinivas, Forensic Professor, Kilpauk Medical College, Chennai conducted the postmortem on her dead body. He confirmed that she had committed suicide (Ex.P-14, Postmortem Certificate);

(8) PW-1 handed over the letter containing the handwriting of the deceased to PW-12. He received it under Form-95 (Ex.P-7). PW-12 sent the said letter and Ex.P-2 Diary through Court to the Forensic Lab for comparison and report. PW-12 altered the Section of law to Sections 498-A and 306 IPC and submitted Ex.P16 Alteration Report to the Court. On 14.9.2003, at about 9 p.m., in North Thirumalai Nagar, Villivakkam, PW-12 arrested the accused and sent him to Court for judicial custody. PW-13 Dhanasekaran, Assistant Commissioner of Police, Ayanavaram Range continued further investigation. He further examined PWs-1 to 4 and recorded their statement;

(9) PW-8, Kumar, Docum














































































































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