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IN THE HIGH COURT OF MADRAS
P.N. PRAKASH, J.
Venkatesan and Others – Appellants
Versus
The Inspector of Police, Natrampalli Police Station – Respondent
Crl. Appeal Nos. 577, 578, 579, 596, 600 of 2012
Decided On : 09-01-2020
Indian Penal Code, 1860 – Sections 306, 294, 509, 109, 506 – Criminal Procedure Code, 1973 – Section 174, 207, 313 – Tamil Nadu Prohibition of Harassment of Woman Act – Section 4 – Evidence Act – Section 32, 45, 7, 113 and 47 – Tamil Nadu Forensic Sciences Laboratory – Revenue Authorities – Demarcating Property – Case of a suicide pact by a family Archana were children family was earlier living in their natal home in Sorakkayalnatham village in Vellore District brother of Subramani filed a civil case against him he shifted family to Ellapalli village sometime was working as Tamil teacher in Jangalapuram Government High School wife Kamatchi was a home maker bought a piece of land in Ellapalli Village from Gopal (PW-2) and built a house had purchased adjoining land from Gopal had encroached into Subramanis (D1s) property protested and requested revenue authorities to measure his property and lay boundary stones – Held, Question of sentence this Court does not find any justification to reduce sentence because it is necessary to make it loud and clear that women in this country deserve an exalted place and should be respected are themselves women, they seem to have happily joined menfolk in harassing three girls instead of protecting them menfolk in singing lewd songs and calling Kamatchi for sex whenever they saw her in public would indubitably attract womenfolk cannot be convicted their conviction with aid for abetting their men to harass Kamatchi and her three daughters is not illegal – Appeal is dismissed.
JUDGMENT :
P.N. PRAKASH, J.
1. These appeals are directed against the judgment of conviction and sentence dated 27.08.2012 passed by the Additional District and Sessions Judge No. III, Tirupathur in S.C. No. 301 of 2009.
2. This is a case of a suicide pact, en masse, by a family. Annapoorna (D3), aged 20 years, Archana (D4), aged 18 years and Swapna (D5), aged 15 years were the children of Subramani (D1), aged 54 years and Kamatchi (D2), aged 44 years. This family was earlier living in their natal home in Sorakkayalnatham village in Vellore District. The brother of Subramani (D1) filed a civil case against him and so, he shifted the family to Ellapalli village sometime in December 2002. Subramani (D1) was working as Tamil teacher in Jangalapuram Government High School. His wife Kamatchi (D2) was a home maker. At the time of the incident, Annapoorna (D3) and Archana (D4) were doing their graduation in the Government Arts College for Women, Walajapet and Swapna (D5) had completed her 10th standard.
2.1. Subramani (D1) bought a piece of land in Ellapalli Village from Gopal (PW-2) and built a house in 2002. Rajendran (A1) had purchased the adjoining land from Gopal (PW-2) and thereafter, he had encroached into Subramani's (D1's) property. Subramani (D1) protested and requested the revenue authorities to measure his property and lay the boundary stones. Accordingly, the revenue authorities surveyed the land and laid the boundary stones, clearly demarcating the property of Subramani (D1), which was prejudicial to the interest of Rajendran (A1).
2.2. It is alleged that the family members of Rajendran (A1) ganged up with the family members of Settu (A3) and Chandrasekar (A7) and started harassing and teasing Subramani (D1) and his family continuously over a period of time, so as to force Subramani (D1) to sell his property to Rajendran (A1) or leave the village, lock, stock and barrel.
2.3. The house of Settu (A3) was on the southern side and the house of Chandrasekar (A7) was on the western side of Subramani's (D1's) house. Apart from the family members of Rajendran (A1), Settu (A3) and Chandrasekar (A7), certain other persons, used to join the trio in harassing Subramani (D1).
2.4. On 19.08.2005, Kumaran (PW-1), the co-brother of Subramani (D1) and a resident of Jangalapuram Village, which is about 4 kms away from Ellapalli village, received information that all is not well in the house of Subramani (D1) and so, Kumaran (PW-1) and Devendran (PW-4), Village Administrative Officer, went to the house of Subramani (D1) around 07.30 a.m. The house was locked from inside and on the main door, a note in Tamil was found, which stated “Except police and relatives, no one should open this door” (free English translation - emphasis supplied). Therefore, the police was summoned and Mahendran (PW-14), Inspector of Police also came to the house and inspected the place. The main door was staved in by the police and on entering the house, they were shocked to find the dead bodies of Subramani (D1), Kamatchi (D2), Annapoorna (D3), Archana (D4) and Swapna (D5). Plasters were found stuck over the mouths of Archana (D4) and Swapna (D5). The bodies of Subramani (D1), Kamatchi (D2), Annapoorna (D3) and Swapna (D5) were found on the bed and that of Archana (D4) was on the floor beside the bed.
2.5. In the almirah, the police found several envelopes with addresses and one such envelope was addressed to the Inspector of Police, Natrampalli Police Station. The police opened that envelope and found a computer typed letter in Tamil dated 16.08.2005, signed by all the deceased. The police treated the same as a complaint and registered a case in Crime No. 451 of 2005 on 19.08.2005 at 08.15 a.m. under Section 174 Cr.P.C. Sections 306, 294(b), 509, 109, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act (for brevity “TNPHW Act”) and prep
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