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

2017 Supreme(Mad) 2839

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
State, Rep. by the Assistant Commissioner of Police, Chennai – Appellant
Versus
Palavesham @ Ranjith – Respondent
Criminal Appeal No. 751 of 2008
Decided On : 10-07-2017

Advocates Appeared:
For the Appellant : Mr. E. Raja.
For the Respondent: Mr. B. Mohan.

Headnote:

Indian Penal Code,1860 - Section 498(A), 304(B) r/w 34 - Criminal Procedure Code, 1973 – Section 174 and 313 –Dowry death - Harassment -Charged - appeal against the acquittal - PW-1 is mother of deceased - PW-10 is father of deceased and PW-2 is the sister of deceased - Deceased was given marriage to A1 who belongs - A2 and A3 are father and mother of A1 respectively - Before marriage, accused demanded Rs. 10 lakhs, Car and 100 sovereigns of gold - However, PWs. 1 and 10 stated that they cannot give Rs. 10 lakhs, but they prepared to do whatever given to their elder daughter during her marriage - For their elder daughter they have given 100 sovereigns of gold jewels, a Car and 50% of marriage expenses - Accused and deceased were taken to PW-1s house -Accused informed PW-1 that around 25 persons would be coming to their house - However, for accused side nobody has come - At time of marriage, 100 sovereigns of jewel, seer articles were given to deceased - After treatment deceased was taken to house of PW-1 - There also she was subjected to cruelty by her husband and in-laws - On date of death also, there was a phone call from A1 - After 10 minutes, deceased committed suicide by hanging herself – Held, deceased has been treated for physical as well as for her mental illness - For mental illness, psychiatric treatment was also taken as per the evidence of PW-4 - Doctor PW-4 attached to Apollo First Med Hospital treated deceased in month - She also referred to her for psychiatric treatment - Subsequently, in month of May also she was referred for psychiatric treatment to doctor attached to same hospital. - Admittedly, in this case letters Exs.D.1 to D.3 which are extracted above are self-explanation of her life - Therefore, this Court is of view that even assuming that evidence of PWs. 1, 2 and 10 are believable, another version of deceased by her record is more probable than evidence of the parents - When two views are possible, one in favour of accused, such view has to be taken note of and accused should be given benefit of doubt - trial court after analysing entire aspects of case, has rightly acquitted all accused by giving benefit of doubt - This Court has also after analysing entire evidence come to conclusion that the prosecution has not established charges framed under Section 498(A), 304 (B) r/w 34 I.P.C. against accused beyond all reasonable doubt - In the result, appeal is dismissed.

JUDGMENT :

1. The appeal is preferred by the State against the acquittal of the respondents/accused from the charges under Section 498(A), 304(B) r/w 34 I.P.C.

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

2.(a) PW-1 is mother of the deceased Banurekha. PW-10 is father of the deceased and PW-2 is the sister of the deceased. The deceased was given marriage to A1 who belongs to Coimbatore. A2 and A3 are father and mother of A1 respectively. Before marriage, the accused demanded Rs. 10 lakhs, Car and 100 sovereigns of gold. However, PWs. 1 and 10 stated that they cannot give Rs. 10 lakhs, but they prepared to do whatever given to their elder daughter during her marriage. For their elder daughter they have given 100 sovereigns of gold jewels, a Car and 50% of the marriage expenses. Accused were accepted the offer and insisted PWs. 1 and 10 to perform the marriage in a grand manner. Accordingly betrothal was solemnised on 3.9.2004. Thereafter, one week prior to the marriage, 3rd accused demanded Rs. 1,25,000/- from PW-1 for decorating the room. Subsequently, marriage was solemnised on 15.11.2004.

(b) After marriage, the accused and deceased were taken to PW-1's house. The accused informed PW-1 that around 25 persons would be coming to their house. However, for the accused side nobody has come. At the time of marriage, 100 sovereigns of jewel, seer articles were given to the deceased. Rs. 10 lakhs was also spent for Marriage expenses by PWs. 1, 2 and 10. Two days after the marriage, the girl and the bridegroom were sent to the matrimonial home. Thereafter, the accused also complaining that the gold jewels were lesser weight than they accepted. When PW-1 went to the house of accused, they treated her without any respect. Whenever they visited the accused house, they never allowed the deceased to speak with their parents. In the matrimonial home, she lost her weight. When they enquired the deceased, she informed that the accused demanded Rs. 10 lakhs and she was subjected to cruelty. During Pongal, the accused have demanded Rs. 10,000/-. Accordingly, PW-1 gave Rs. 10,000/- micro woven and other seers. In the month of March, 10 sovereigns of gold jewel were also given to the deceased.

(c) Thereafter, during the Wedding Day function of A2 and A3, PW-1 and family members were participated. 3 days after that function, 3rd accused informed to PW-1 that the deceased was admitted in the hospital. When PW-1 went to the hospital, A3 was scolding the deceased. Thereafter, they took the deceased to Karaikudi. In the month of May, the deceased talked over the phone to PW-1 and told that the accused were demanding Rs. 10 lakhs and car and they were treating her cruelly. After two days of that incident, she was admitted in the hospital and she has also become very thin. The accused demanded Rs. 10 lakhs of money repeatedly and due to that the deceased lost lot of her weight. After the treatment, the deceased was taken to the house of PW-1. There also she was subjected to cruelty by her husband and in-laws. On the date of death also, there was a phone call from A1. After 10 minutes, the deceased committed suicide by hanging herself. Thereafter, PW-1 and others went to the police station and PW-1 lodged complaint Ex.P.1. She has also given statement Ex.P.2 before the Tahsildar. The Saree which was used by the deceased for hanging was marked as M.O.1.

(d) PW-2 is sister of deceased and daughter of PWs. 1 and 10. PW-3 is friend of deceased. PW-3 deposed that the deceased told to her with regard to the cruelty by the accused in connection with the dowry of Rs. 10 lakhs in her matrimonial home. PW-4 is medical officer attached to the Apollo First Med Hospital. He has given treatment to the deceased on 26.4.2005 for the breathing problem and referred to her psychiatrist Gowtham Doss on the same day and was discharged on 27.4.2005. Discharge Summary is Ex.P.3 PW-5 is medical officer attached to Surya Hospitals examined the deceased on 23.6.2005 at ab











































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top