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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
Bharathi Raja & Another – Appellants
Versus
State rep. by The Inspector of Police, Tiruppur – Respondent
CRL.A.No. 113 of 2014
Decided on : 08-07-2022
Criminal Appeal - Conviction under Section 498-A IPC - [Dowry Harassment] - [IPC Section 498A, 306, 109] - The court discussed the evidence related to dowry harassment, cruelty, and abetment to suicide under Sections 498A, 306, and 109 of the Indian Penal Code. The judgment highlighted the lack of evidence supporting the allegations of dowry demand and harassment, and the court found that the conduct of the accused did not amount to cruelty or abetment to suicide. As a result, the court acquitted the accused.
Fact of the Case:
The case involved the suicide of the appellant's daughter, who was allegedly subjected to dowry harassment and cruelty by the appellants. The trial court convicted the appellants under Section 498A IPC, but acquitted them of charges under Sections 306 and 109 IPC.
Finding of the Court:
The court found that the evidence presented did not substantiate the allegations of dowry demand and harassment. It also noted contradictions in the testimonies of the witnesses and highlighted the lack of conclusive proof of cruelty or abetment to suicide by the accused.
Issues: The key issues revolved around the allegations of dowry harassment, cruelty, and abetment to suicide under Sections 498A, 306, and 109 IPC. The court analyzed the evidence to determine the veracity of these allegations.
Ratio Decidendi: The court's decision was based on the lack of substantial evidence supporting the charges of dowry harassment, cruelty, and abetment to suicide. It emphasized the contradictions in the testimonies and the absence of conclusive proof of the accused's involvement in the alleged offenses.
Final Decision: The Criminal Appeal was allowed, and the conviction and sentence passed by the trial court were set aside. The accused were acquitted, and any existing bail bonds were cancelled.
JUDGMENT :
(Prayer: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, against the order dated 28.02.2014 made in S.C.No.67 of 2012 on the file of the Fast Track Mahila Court, Tiruppur.)
This Criminal Appeal arises out of the Judgment passed by the learned Sessions Judge, Fast Track Mahila Court, Tiruppur, in S.C.No.67 of 2012, dated 28.02.2014, whereby, the appellants have been found guilty and convicted for the offence punishable under Section 498-A IPC., and sentenced to undergo RI for 3 years each and to pay a fine of Rs.10,000/- each, in default to under go six months simple imprisonment
2. The gist of the case is that P.W.1 lodged a complaint on 16.09.2021 stating that his elder daughter Shanthi committed suicide, by consuming cow dung powder. Despite best efforts to save her, she passed away in the Government Hospital, Tirupur. The marriage between his daughter Shanthi and first appellant/A1/Bharathi Raja, was an arranged marriage, held on 29.11.2009. During the marriage, 11 sovereigns of the gold jewels, household articles presented as -Sridhana-. Two months after the marriage, the 2nd appellant/A2, her sister Tulsi started demanding dowry. For this reason, his daughter was harassed, subjected to cruelty.
3. Thereafter, his daughter and A1 set up a separate home and they were living happily for quite some time. Thereto, A1, A2 and the said Tulsi were continuing their harassment. Unable to bear the same, P.W1 along with his daughter went to Mahalingapuram Police Station, Pollachi, lodged a complaint, the police called A1, warned, advised him to behave properly, later A1 let off. Thereafter, A1 and the deceased were living happily, for sometime. A1 demanded gold ring, as dowry, during Pongal festival. Five months before, his daughter was physically, brutally assaulted, she was kicked on the stomach, P.W.1 coming to know about the same, visited his daughter and took her to Tiruppur Government Hospital. Then on, she was staying with her parents, for the past six months.
4. In such circumstances, three months before the occurrence, A1 called his wife in her mobile, threatened, abused and informed either to concur for divorce or end her life and he will soon divorce her. On hearing this, P.W.1-s daughter constantly crying out of dejection and frustration. P.W1 consoled her stating that her husband would come one day and take her back. On 15.09.2011, during late hours, again A1 called his wife over phone, abused, and again forced her to concur for divorce or end her life. Thereafter, P.W.1 left to his job. On 16.09.2011, at about 9.30 a.m., deceased consumed -cow dung powder-. She was rushed to the Government Hospital, Tiruppur, where she was declared dead. Hence, A1, A2 and Tulsi are reasons for his daughter taking the extreme step. With this, the complaint lodged.
5. P.W.9 registered the complaint in Crime No.4361 of 2011, for the offence under Sections 498(A), 306 and 306 r/w 109 IPC. against A1, A2 and one Tulsi. Thereafter, P.W.10 took over the investigation, visited the scene of occurrence, prepared observation mahazar, rough sketch, examined the witnesses. Finding that the death had occurred within 7 years of marriage, the case was referred to P.W.6/Revenue Divisional Officer, to conduct enquiry under Section 176 Cr.P.C. P.W.6 conducted inquest and examined P.W.1, P.W.2, P.W3, A1, A2, A3 and others, and gave his report Ex.P4. Thereafter, A1 and A2 were arrested, confession recorded.6. Thereafter, the body was sent for postmortem. P.W.7 and P.W.8 are the Doctors, who conducted postmortem. P.W.8 gave Postmortem Report/Ex.P5 and final opinion Ex.P6, giving reasons that the deceased appeared to have died consuming of -Auramine Basic Dye-. After completion of investigation, charge sheet filed by P.W.10 against the accused viz., A1/Husband, A2/Mother-in-law and A3/father-in-law of the deceased.
7. The trial Court during the trial examined P.W.1 to P.W.10, marked Exs.P1 to P.8. On the side of the defence,
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