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2015 Supreme(Mad) 3390

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.SELVAM, J.
M.P.Bhavani - Appellant
Vs.
State Rep. By Inspector of Police - Respondent
Criminal Appeal No.259 of 2007
Decided On : 21.12.2015

Advocates:
Advocate Appeared:
For appellant : Mr.N.Manoharan for M/s.For & Fair Associates
For Respondent: Mr.P.Govindarajan, Additional Public Prosecutor.

Headnote:

Criminal Procedure Code, 1973 - Section 313 – Indian Penal Code,1860 - Sections 498-A, 306 and 304-B - Demand of dowry – Cruelty and Dowry Death nst conviction– Appeal agAn incipient of 25 years old married woman due to consistent demand of dowry by her mother-in-law, has been forced to commit suicide along with her son, aged 1-1/2 years, without attaining efflorescence in their life - Conspectus of case of prosecution is that accused is mother of one Barathuram and he married deceased - After marriage, accused has made consistent demand of dowry in form of cash and jewels from deceased - Since deceased has not been able to brook consistent demand made by accused, she committed suicide by way of hanging and in that process, her minor son, aged 1-1/2 years has also passed away - Held, Only due to dowry torture made by accused, deceased has taken an extreme step of committing suicide and further she has not allowed her minor son to live in this world - Therefore, viewing from any angle, contentions put forth on the side of the appellant/accused are not having merits - Trial court, after considering overwhelming evidence available on record, has rightly found accused guilty under sections mentioned supra - In view of foregoing elucidation of both factual and legal premise, this Court has not found any error nor illegality in convictions and sentences passed by trial court - Considering nature of offences committed by accused and also considering fact that deceased has committed suicide at age of 25 and also put an end to life of her minor son, without blossoming in their life, no mitigating circumstances have arisen for awarding lesser sentence and further on basis of offences committed by appellant/accused, even commiseration cannot be shown towards appellant/accused - Criminal Appeal is dismissed.

JUDGMENT :

Challenge in this Criminal Appeal is to the convictions and sentences dated 28.2.2007 passed in Sessions Case No.553 of 2005 by the Additional District Court, (Fast Track Court No.1), Chengelpet.

2. In the instant case, an incipient of 25 years old married woman due to consistent demand of dowry by her mother-in-law, has been forced to commit suicide along with her son, aged 1-1/2 years, without attaining efflorescence in their life.


3. The conspectus of the case of the prosecution is that the accused is the mother of one Barathuram and he married the deceased, viz., Vimala on 3.2.2003. After marriage, the accused has made consistent demand of dowry in the form of cash and jewels from the deceased. Since the deceased has not been able to brook the consistent demand made by the accused, she committed suicide by way of hanging and in that process, her minor son, aged 1-1/2 years has also passed away. After occurrence, one Bose, husband of sister of the deceased Vimala, has given a complaint (Ex.P.1) and the same has been registered in Crime No.558 of 2005.

4. On receipt of Ex.P.1, the Investigating Officer, viz., P.W.11, has taken up investigation, examined connected witnesses and also made necessary arrangements to conduct inquest and accordingly, P.W.10 has conducted the same and filed Inquest Report as Ex.P.16. The Investigating Officer has continued investigation and also made arrangements to conduct autopsy on the bodies of the deceased and accordingly P.W.8 Dr.Thangamani has conducted autopsy and he found the following external and internal injuries on the bodies of the deceased.

“Post-Mortem Certificate in respect of B.Vimala:

Face congested, eyes closed, mouth closed. Tongue inside the mouth, Externally:-

Ligature mark about 1-2 cm. Brown colour obliquely placed in the neck, interrupted anteriorly, knot mark in the submental 2x2 cm region on cut section underlying tissues are pale/parchmeut. Hyoid intact Larynx, pharynx congested. Rib-cage intact. Heart empty lungs, liver, spleen, kidneys congested. Stomach-fully dig food - 200 m.. No fuel smell. Bladder empty. Ut. ovaries .. cut insitu. skull intact. Brain congested. mem - intact . Organs preserved for chemical analysis. Opinion reserved.

Post-Mortem Certificate in respect of Yuvaraj:

Ext.Injuries: Brown colour ligature mark 2 cm width completely encircling the neck at the level of thyroid cartilage .

Cut section:-

Hyoid intact, larynx, pharynx congested.

Lungs, heart, liver, spleen, kidneys congested, skull intact, Brain congested. mem- intact. stomach-partly dig food & Visceras reserved for chemical analysis."

The Post Mortem Certificates have been marked as Ex.P.13 and P.14. After completing investigation, the Investigating Officer has laid a final report on the file of the Judicial Magistrate Court, Thambaram and the same has been taken on file in P.R.C.No.79 of 2005.

5. The Judicial Magistrate, Tambaram, after considering the facts that the offences alleged to have been committed by the accused are triable by Sessions Court, has committed the case to the Court of Sessions, Chengelpet Division and the same has been taken on file in Sessions Case No.553 of 2005 and subsequently made over to the trial court.

6. The trial court, after hearing arguments of both sides and upon perusing relevant records has framed first charge against the accused under Section 498-A, second charge under section 306, third charge under section 304-B of the IPC and the same have been read over and explained to her. The accused has denied the charges and claimed to be tried.

7. On the side of the prosecution, P.Ws.1 to 11 have been examined and Exhibits P.1 to 21 and Material Objects 1 to 7 have been marked.

8. When the accused has been questioned under Section 313 of the Criminal Procedure Code, as respects the incriminating materials available in evidence against her, she denied her complicity in the crime. On the side of the accused, D.W.1 has been examined and Exhibits D.1 and D.2 have been






























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