IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Venugopal, J.
Saraswarthi & Ors. - Appellants
Versus
The State, Rep. by Inspector of Police, Kothagiri Police Station, Kothagiri, Nilgris District - Respondent
Crl.A. No. 350 of 2015
Decided On : 27-02-2017
Indian Penal Code, 1860 - Sections 294(b), 506(i) and 306 – Criminal Trial – Offences of sings, recites or utters any obscene song, ballad or words, in or near any public place, criminal intimidation and Abetment of suicide – Dying Declaration - Appeal against conviction - Deceased, who was studying in 12th standard, had loved P.W.10 and that the P.W.10s mother viz., 1st Accused, (1st Appellant) and his Aunt, 2nd Accused (2nd Appellant) had scolded deceased in harsh, unparliamentary words and also criminally intimidated because of which Loganayaki took kerosene from her house poured on her body and set fire to herself and prior to her death, she was in a conscious state and for setting fire to herself, she had categorically stated that Accused were responsible for that and same was proved etc. and resultantly, found Appellants/A1 & A2 guilty in respect of offences - Held, Mere running of eye of Ex.P5 - Dying Declaration of deceased, latently and patently, indicates that deceased had given a statement by mentioning that P.W.10s house people had spoken about her harshly and because of that, she felt ashamed and therefore, she had poured kerosene on her body (by taking same from her house) and set fire and she had also stated that nothing to state any further. This Ex.P5 - Dying Declaration of Loganayaki is undoubtedly a substantial piece of evidence and said evidence is a natural, cogent and coherent one - Therefore, this Court accepts the same - Therefore, she had poured kerosene on her body (by taking same from her house) and set fire and she had also stated that nothing to state any further - This Ex.P5 - Dying Declaration – Court considered view that considering facts and circumstances of present case, imposition of punishment of one year awarded to Appellants/A1 & A2 each of them is marginally on higher side - This Court interferes with imposition of punishment of one year Rigorous Imprisonment awarded by trial Court to Appellants/A1 & A2 and reduces them to that of four months Rigorous Imprisonment each - Criminal Appeal partly allowed.
Mr. M. Venugopal, J.
The Appellants/A1 and A2 have preferred the instant Criminal Appeal before this Court as against the Judgment dated 18.05.2015 in S.C.No.13 of 2013 passed by the Learned Sessions Judge, Mahila (Fast Track) Court, Udhagamandalam.
2. The Learned Sessions Judge, Mahila (Fast Track) Court, Udhagamandalam, while passing the impugned Judgment in S.C.No.13 of 2013 on 18.05.2015, at paragraph 23, had, inter alia, observed that '... Ex.P7 - Complaint was recorded in the presence of Kothagiri Government Hospital Doctor and that Dying Declaration - Ex.P5 was recorded by the Learned Judicial Magistrate at Coimbatore Government Hospital and based on these two documents, Loganayaki, who was studying in 12th standard, had loved Chandrasekar (P.W.10) and that the P.W.10's mother viz., the 1st Accused, Saraswathi (1st Appellant) and his Aunt, the 2nd Accused (2nd Appellant) had scolded Loganayaki (deceased) in harsh, unparliamentary words and also criminally intimidated because of which Loganayaki took kerosene from her house poured on her body and set fire to herself and prior to her death, she was in a conscious state and for setting fire to herself, she had categorically stated that the Accused were responsible for that and the same was proved etc. and resultantly, found the Appellants/A1 & A2 guilty in respect of the offences under Section 294(b), 506(i) and Section 306 I.P.C.
3. In fact, the trial Court had imposed a fine of Rs. 1,000/- each to the Appellants/A1 and A2 in respect of the offence under Section 294(b) I.P.C., in default of payment of the said fine amount, they were directed to undergo Simple Imprisonment of one month each and in respect of the offence under Section 506(i) I.P.C., they were imposed with a fine of Rs. 1,000/- each, in default of payment of fine, they were directed to undergo Simple Imprisonment for one month each. In so far as the offence under Section 306 I.P.C. is concerned, the trial Court had awarded a sentence of one year Rigorous Imprisonment each to the Appellants/A1 and A2 and also imposed with a fine of Rs. 1,000/- each, in default of payment of said fine amount, they were directed to undergo three months Simple Imprisonment each. Further, the period already undergone by the Appellants/A1 & A2 from 29.12.2011 to 07.01.2012 was directed to be set off by the trial Court under Section 428 Cr.P.C.
4. Challenging the correctness and the legality of the Judgment of Conviction dated 18.05.2015 in S.C.No.13 of 2013 passed by the Learned Sessions Judge, Mahila (Fast Track) Court, Udhagamandalam, the Appellants/A1 & A2 have filed the instant Appeal by taking a plea that the trial Court had failed to consider that there were no independent witnesses available to convict the Appellants is clearly unsustainable in the eye of Law.
5. According to the Learned Counsel for the Appellant, P.W.1 (mother of deceased Loganayaki) had scolded her daughter Loganayaki (deceased) for the love affair, she had with the 1st Appellant/A1's son and although there were enough evidence in this regard, the trial Court had materially ignored the same.
6. The Learned Counsel for the Appellants projects an argument that Ex.P5 - Dying Declaration does not fulfil the ingredients of Sections 306 and 107 I.P.C. However, the trial Court had not considered the same in a proper and real perspective.
7. The Learned Counsel for the Appellants takes a stand that the evidence of P.W.1 to P.W.4 were quite contrary to each other relating to the first occurrence.
8. The Learned Counsel for the Appellants strenuously submits that Ex.P5 (Dying Declaration - marked through P.W.6) does not say about any inducement or cruelty or abetment to suicide, except saying they scolded her and further, the Accused names were not mentioned and as such, Ex.P5 was not a reliable one.
9. The Learned Counsel for the Appellants brings it to the notice of this Court that the trial Court had failed to appreciate the evidence of D.W.1 to D.W.3, which ha
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.