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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.VADAMALAI, J
Sivasankara Velu – Appellant
Versus
State of Tamilnadu rep. by The Inspector of Police – Respondent
ORDER :
P.Vadamalai, J.
This Criminal Revision Case is filed against the order, dated 16.11.2024 passed in Crl.M.P.No.65 of 2024 in S.C.No.235 of 2022 on the file of the Fast Track Mahila Court, Srivilliputhur, Virudhunagar District and to set aside the same and consequently, discharge the petitioners/accused.
2.The brief facts of the case:
The revision petitioners are Accused Nos.1 to 3 in S.C.No.235 of 2022 on the file of the learned Sessions Judge, Fast Track Mahila Court, Srivilliputhur. Initially, there were four accused in this case. It was alleged that the deceased Ashwini was daughter of the defacto complainant/2nd respondent and she was given marriage with one Arunachalam, son of Accused No.1, on 14.11.2013 and out of wedlock they have two children named Ananya and Siva Arumugavel. It is further alleged that after few years the husband of the deceased, who was working in Chennai, left his job and came to his native place and since then the deceased was illtreated by the in-laws. So, the deceased left her matrimonial home in the year 2019 and was in depression and she committed suicide on 21.12.2019 along with the suicide note. Based on the complaint along suicide note given by
The court upheld the trial court's dismissal of the discharge petition, affirming that prima facie evidence existed for abetment to suicide under Section 306 IPC.
At the initial stage of deciding whether the accused ought to be discharged, the truth, veracity, and effect of the evidence are not to be meticulously judged. The accused has no right to produce any....
The main legal point established is that at the stage of framing charges, the trial court is only required to consider whether uncontroverted allegations prima facie make out a case against the accus....
The main legal point established in the judgment is the importance of evaluating the evidence at the stage of framing charges, emphasizing the need for strong suspicion based on material to justify f....
The rejection of a discharge petition is justified when credible allegations of physical assault and dowry demands support the framing of charges under IPC and Dowry Prohibition Act.
For abetment of suicide under IPC Section 306, mens rea and instigation are essential. Mere marital discord and insults do not constitute sufficient grounds for abetment. The trial court committed il....
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