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2021 Supreme(Mad) 3587

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J.
A. Raju and ors. - Petitioners
Versus
The State rep. by The Inspector of Police, Sirkazhi Police Station - Respondent
Crl.R.C.No.902 of 2014 and M.P.No.1 of 2014
Decided On : 22-12-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Swamy Subramanian
For the Respondent:Mr. L. Baskaran, Government Advocate (Crl.side)

Headnote:

Indian Penal Code, 1860 – Section 498-A, 304(B), 306, – Criminal Procedure Code, 1973 – Section 313, 174, – Case was taken on file in PRC. by learned Judicial Magistrate, and after furnishing copies, committed case as per Section 209 of Cr.P.C. to learned Sessions Judge, who thereupon made over case to learned Assistant Sessions Judge, and case was taken on file as S.C – Held, it is seen from entire cross-examination of accused including that of Investigating Officer, such a defence has been specifically taken and without even adverting to cross-examination, trial court and first Appellate Court have merely relied upon statement of P.Ws.1 and 2 that OTHER LANGUAGE Therefore, non-consideration of specific defence in detail and proper perspective is a grave error leading to miscarriage of justice as far as accused 3 and 4 are concerned – Therefore, it is a fit case for this Court to interfere with findings of courts below by exercising revisional jurisdiction and accordingly, Court inclined to set aside conviction and sentence imposed on 3rd accused and 4th accused , while confirming conviction and sentence in respect of accused 1 and 2 in this case – As far as quantum of sentence is concerned, trial court has imposed only a minimum sentence of 7 years for offence under Section 340(B) IPC – Therefore, it does not warrant any interference by this Court – Criminal Revision Case partly allowed.

ORDER :

The petitioners/accused 1 to 4 have filed this Criminal Revision Case in Crl.R.C.No.902/2014 aggrieved by the judgment of the learned Assistant Sessions Judge, Nagapattianm, in S.C.No.141/2011 dated 03.01.2013 whereby they were convicted for the offences under Sections 498-A and 304 (B) of IPC and imposed a sentence of 1 year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for a period of three months for the offence under Section 498-A IPC and 7 years rigorous imprisonment for the offence under Section 304(B) IPC and the judgment of the learned Sessions Judge, Mahila Fast Track Court, Nagapattinam, dated 03.06.2014 in Crl.A.No.1/2013 whereby the conviction and sentence imposed by the trial court was confirmed.

2. The case of the prosecution is as follows:

    (a) On 11.08.2007, P.W.1 Rajendran went to Seerkazhi Police Station and lodged a complaint stating that his sister, namely, Viji was married to the 1st accused A.Raju and the marriage took place on 27.06.2007 and her husband and the in-laws have been harassing her to get a bike for the 1st accused. Under these circumstances, on 11.08.2007, he received a phone call from her father-in-law that she was not well and therefore, taken for treatment to Rajarajan Hospital and when he went there, his sister was not there and therefore, when he went to the sister's house, he found that his sister was lying dead on the cot with ligature marks around her neck and when he started crying, her in-laws who were present at the house fled away and therefore, he gave a complaint. P.W.13 Mr.Rajendran, Sub-Inspector of Police, who was on duty, registered a case in Cr.No.647/2007 under Section 174 of Cr.P.C. and then, after the receipt of the Revenue Divisional Officer Enquiry Report on 05.02.2008, an Alteration Report was made by P.W.14 Mr.Murugavel, the then Inspector of Police, by altering it as one under Section 306 of IPC. On 01.05.2008, he arrested the accused 1 and 2 and submitted the file for further investigation to the Deputy Superintendent of Police, Seerkazhi Sub-division. Thereafter, P.W.17 Mr.Malaisamy, the Deputy Superintendent of Police took up the case for investigation, altering the case by Alteration Report dated 03.04.2008 received by the court on 26.04.2008 as to one under Sections 498-A, 304(B) of IPC and Section 4 of the Dowry Prohibition Act and thereafter, proceeded to complete the investigation and laid a final report on 28.10.2008 proposing all the four accused in this case guilty of the offences under Sections 498-A, 304(B) of IPC and Section 4 of the Dowry Prohibition Act.

(b) The case was taken on file in PRC.No.34/2009 by the learned Judicial Magistrate, Seerkazhi and after furnishing copies, committed the case as per Section 209 of Cr.P.C. to the learned Sessions Judge, Nagapattinam who thereupon made over the case to the learned Assistant Sessions Judge, Nagapattinam and the case was taken on file as S.C.No.141/2011. Thereafter, the trial court framed two charges against the accused under Sections 498-A and 304 (B) of IPC on 30.01.2012. Upon being questioned, the accused denied the Charges and stood for trial.

(c) Subsequently, the prosecution examined one Rajendran, brother of the deceased as P.W.1 who spoke about the fact of giving his sister in marriage, giving of seedhana and that his sister called him to inform that she was harassed and beaten up demanding motor bike and that on 11.08.2007 he was informed that his sister was unwell and admitted in Rajarajan Hospital and when he went there, he found that his sister was not there and upon coming home, he saw the dead body of his sister. One Mrs.Panchavarnam, sister of the deceased was examined as P.W.2 who also deposed that the in-laws of her sister had asked her to give all her jewels to show them to the goldsmith who was residing opposite to their house to check whether they are all original gold or imitations. Since her sister revolted for that, she was

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