Accused
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. PONGIAPPAN, J.
Ganesan & Others - Appellant
Versus
The State Rep. by Deputy Superintendent of Police, Cuddalore - Respondent
Criminal Appeal Nos. 114 & 573 of 2021 & Crl.M.P. No. 11939 of 2021 In Crl.A. No. 573 of 2021
Decided On : 28-04-2022
Criminal Appeals - Conviction and Sentence - Sections 498-A and 304-B of IPC - Summary
Fact of the Case:
The case involved the conviction and sentence of the appellants for the offence punishable under Sections 498-A and 304-B of IPC. The deceased, Jothilakshmi, was found dead and the accused were charged with cruelty and harassment leading to her death.
Finding of the Court:
The court found that the evidence presented by the prosecution witnesses was contradictory and lacked direct evidence of cruelty and harassment by all the accused. The court concluded that the offence under Section 304-B was not proved beyond reasonable doubt. However, it found accused No.1 guilty under Section 498-A of IPC based on the evidence of creating an unpleasant situation in the family of the deceased.
Issues: The main issue was the lack of direct evidence of cruelty and harassment by all the accused, and the validity of the marriage between the deceased and accused No.1.
Ratio Decidendi: The court emphasized the need for direct evidence of cruelty and harassment, and the importance of scrutinizing evidence given by witnesses with caution, especially when there are contradictions and enmity involved.
Final Decision: The appeal of Accused Nos.2 and 3 was allowed, setting aside their conviction and sentence. The conviction under Section 304-B for Accused No.1 was set aside, but the conviction under Section 498-A was confirmed with modified sentencing.
JUDGMENT
(Prayer: Criminal Appeals filed under Section 374(2) of the Code of Criminal Procedure, to set aside the conviction and sentence dated 22.01.2021 passed by the learned Sessions Judge, Mahila Court, Cuddalore, in S.C.No.236 of 2018.)
Common Judgment
1. Both these appeals are directed against the judgment of conviction and sentence dated 22.01.2021 passed by the learned Sessions Judge, Mahila Court, Cuddalore, in S.C.No.236 of 2018.
2. The appellants in Crl.A.No.114 of 2021 are arrayed as Accused Nos.2 & 3 and the appellant in Crl.A.No.573 of 2021, is arrayed as Accused No.1, in the above referred case. They stood charged for the offence punishable under Sections 498-A and 304-B of IPC. By judgment dated 22.01.2021, the learned Sessions Judge, Mahila Court, Cuddalore, came to the conclusion that the appellants in Crl.A.No.114 of 2021/A2 and A3 are found guilty under Section 498-A alone, whereas the appellant in Crl.A.No.573 of 2001/A1 was found guilty under Sections 498A & 304-B of IPC, and accordingly, convicted and sentenced them as follows:
| Accused | Offence | Sentence |
| A1 | 498-A IPC | to undergo simple imprisonment for three years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for six months. |
| 304-B IPC | to undergo simple imprisonment for seven years | |
| A2 & A3 | 498-A IPC | Each of them to undergo simple imprisonment for two years and to pay a fine of Rs.5,000/-, each in default to undergo simple imprisonment for three months. |
| 304-B IPC | Acquitted | |
| The trial Court ordered the sentences imposed upon A1 to run concurrently. | ||
Challenging the said conviction and sentence, all the accused are before this Court, by way of filing these Criminal Appeals.
3. For the sake of convenience hereinafter the appellants 1 and 2 in Crl.A.No.114 of 2021 are called as Accused Nos.2 and 3 and the appellant in Crl.A.No.573 of 2021 is called as Accused No.1.
4. The case of the prosecution is as follows:
(i) PW1-Jothilingam, is the elder brother of the deceased, PW2- Chinnaponnu, is his mother and PW3-Ramalingam, is his father. PW4- Karpagajothi and PW5-Kasilingam, are related to PW1 as sister and brother, respectively. The accused No.1 in this case, is the husband of the deceased Jothilakshmi and accused Nos.2 and 3, are the parents of accused No.1.
(ii) Without getting consent from the family members of the deceased, the marriage between the deceased and accused No.1 was solemnised in the year 2016 at Pachaiamman Temple. Before the occurrence, PW4 got married with the elder brother of accused No.1, in the year of 2012, and later due to her husband's death, returned to her parental home, however, after two months, she again returned to the matrimonial home and stayed along with the accused. In the mean time, after the marriage of deceased, PW4 alone was having casual talks with PW2 and PW3. On the other hand, the deceased came to her parents' house only one time for attending the funeral of her senior paternal uncle [LANGUAGE].
(iii) While at the time the deceased was admitted in the hospital for delivery, the accused refused to bear the medical expenses. In this occasion, PW1, gave Rs.50,000/- to PW4, for the medical expenses of the deceased. However, after six months from the date of the said incident, PW4 informed PW1 that the accused were creating problem in the family of the deceased, by demanding jewels and money. Later, in the year of 2017, during the time of Ayudha Pooja celebration, PW4 contacted PW1 and informed about the death of the deceased.
(iv) After hearing the same, when at the time PW1 went to the deceased house, he informed that the deceased was taken to the Government hospital at Kurinjipadi. Immediately, he went to the hospital and saw his sister's dead body. When enquired with PW4, she informed that in the evening hours when at the time she had gone to attend the milk business, the deceased committed suicide by hanging, and also during such time both
The main legal point established in the judgment is the requirement for direct evidence of cruelty and harassment, and the need to scrutinize witness evidence, especially when there are contradiction....
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 cre....
The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
The prosecution must establish the elements of dowry death and the rebuttable nature of the presumption under Section 113B of the Evidence Act in cases involving dowry-related offenses.
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
Point of law: To indicate that the expression 'soon before' would normally implied that the interval should not be much between the concerned cruelty or harassment and the death in question. There mu....
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