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
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:
(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
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 court emphasized proximity between acts of cruelty and death for conviction under S.304B IPC, finding insufficient evidence for such a link while upholding conviction under S.498A IPC.
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 main legal point established in the judgment is the requirement for specific details and corroborative evidence to sustain a conviction under Section 498(A) IPC and Section 4 of Dowry Prohibition....
The court confirmed the conviction of the accused for dowry death, establishing that continuous cruelty and harassment linked to dowry demands led to the victim's suicide.
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....
(1) In order to constitute offence under Section 498A of IPC, prosecution has to establish that accused treated deceased with cruelty.(2) It is duty of Court while considering evidence to separate gr....
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