The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and credible.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, to set aside the conviction and sentence dated 17.12.2020, passed by the learned Sessions Judge, Mahila Court, Chennai, in S.C.No.359 of 2016.)

1. The present criminal appeal has been filed by the appellant to set aside the judgment of conviction and sentence dated 17.12.2020 passed by the learned Sessions Judge, Mahila Court, Chennai, in S.C.No.359 of 2016.

2. The appellant is arrayed as Accused No.1 in the above referred sessions case. Along with the other accused, he stood charged for the offence under Sections 498-A and 306 of IPC. By judgment dated 17.12.2020, the learned Sessions Judge, Mahila Court, Chennai, came to the conclusion that the appellant is found guilty under Sections 498-A and 306 of IPC, convicted and sentenced him as follows:

Offence

Sentence

498-A IPC

to undergo imprisonment for three years and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for one month.

306 IPC

to undergo imprisonment for seven years and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for two months.

The trial Court also ordered the sentences to run concurrently.

Challenging the said conviction and sentence, the Accused No.1 is before this Court, by way of filing this Criminal Appeal. For the sake of convenience, hereinafter, the Accused No.1 is referred to as ‘appellant’.

3. The case of the prosecution is as follows:

(i) PW1-Narayansamy, is the father of the deceased Jayashree. PW2-Lalitha and PW3-Gowri, are the mother and sister of the deceased respectively. PW4-Mohan is the uncle of the deceased. The appellant is the husband of the deceased Jayashree.

(ii) The marriage between the deceased and the appellant was solemnised in V.C.Mahal at Katpadi as per the Hindu Rites and Customs. During such time, PW1 had given all sridhanas, as demanded by the appellant’s family. After the marriage, the deceased was living with the appellant at Perambur in Chennai, along with other two accused (now acquitted), as a joint family.

(iii) After the marriage, in order to get reimbursement of the amount, which was paid towards the rent of marriage hall, the appellant herein demanded PW1 to give the receipt of the same. After six months from the date of marriage, due to the reason that all the accused made a demand for bringing dowry, PW1 had given Rs.1 Lakh in the month of October 2012. Further, in the year of 2013, the appellant demanded the deceased to bring Rs.50,000/- from her parents’ house. Moreover, the appellant and the other accused abused the deceased as she could return to the matrimonial house, only if a male child is born to her. In otherwise, if female child was born, she won’t be permitted to live in the matrimonial house.

(iv) Later, on 06.04.2013, the deceased gave birth to one male child and afterwards, PW1 sent his daughter to the matrimonial home, wherein, all the accused tortured the deceased as she is not fit to pass the TNPSC exam. On 24.01.2014, since the deceased was unable to bear with the harassment of all the accused, went to her uncle’s [PW4] house at Puzhal and informed about the harassment committed by the accused. After hearing the same, both PW3 and PW4 consoled the deceased and left the deceased in her matrimonial home, at night 1’ O clock. In the meantime, the appellant did not permit PW1 to see his daughter. Thereafter, on 01.02.2014, around 7.00 pm, the deceased contacted PW3 and informed that her parents had pushed her into a abyss and later the same was informed by PW3 to PW1.

(v) When at the time PW1 went to PW3’s house on the next day for the house warming function, PW3 informed PW1 that the deceased requested her to recharge her cell phone for Rs.50/- as the 3rd accused instructed not to recharge the cellphone of the deceased. Thereafter, on 02.02.2014, all of them were informed that the deceased committed suicide.

(vi) Later PW1 to PW3 along with the husband of PW3