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2025 Supreme(Mad) 4964

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R. SWAMINATHAN, R. POORNIMA, JJ.
Karnan – Appellant
Versus
The State, rep. by The Deputy Superintendent of Police, Valliyoor Sub Division, Panagudi Police Station – Respondent 
Crl.A(MD)No.137 of 2021
Decided On : 26-02-2025

Advocates Appeared:
For the Appellant : Mr. S. Subbaiah, Senior Counsel for Mr. G. Aravinthan.
For the Respondent: Mr. T. Senthil Kumar, Additional Public Prosecutor.

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.

Headnote:(A) Indian Penal Code - Section 304

(B) - Tamil Nadu Prohibition of Harassment of Women Act, 1998 - Conviction for dowry death and harassment - Accused sentenced to life imprisonment for causing the death of the victim through cruelty and harassment related to dowry demands - Evidence established that the deceased was subjected to continuous cruelty and harassment, leading to her suicide - Trial Court's judgment upheld. (Paras 1, 12, 38)

(B) Presumption of dowry death - Under Section 113B of the Indian Evidence Act, the court presumes that a person has caused the dowry death of a woman if it is shown that she was subjected to cruelty or harassment in connection with demand for dowry soon before her death. (Paras 12, 38)

Facts of the case:
The victim, Raksha Rajabai, was subjected to dowry harassment by her husband, leading to her suicide within seven years of marriage. The prosecution presented evidence from family members corroborating the victim's complaints about the accused's behavior. (Paras 2, 20, 38)

Findings of Court:
The evidence presented established that the accused demanded dowry and subjected the victim to cruelty, ultimately resulting in her suicide. The trial court's conviction of the accused was based on credible witness testimonies and corroborating evidence. (Paras 12, 38)

Issues: The main issues addressed were whether the accused subjected the victim to cruelty in connection with dowry demands and whether such actions led to her suicide. (Paras 12, 38)

Ratio Decidendi: The court ruled that the evidence of family members, despite the lack of independent witnesses, was credible and sufficient to establish the accused's guilt, reinforcing the presumption of dowry death under Section 113B of the Indian Evidence Act. (Paras 12, 38)

Result: Criminal Appeal dismissed; trial court's judgment confirmed.

Table of Content
1. overview of the conviction and sentencing (Para 1 , 2 , 3 , 4 , 5)
2. details of the investigation and trial process (Para 6 , 7 , 8 , 9 , 10)
3. legal definitions related to dowry death (Para 11 , 12 , 13)
4. establishing the timeline of marriage and death (Para 14 , 15 , 16)
5. evidence of cruelty and harassment (Para 17 , 18 , 19 , 20)
6. complaints and testimonies supporting the prosecution (Para 21 , 22 , 23 , 24)
7. conclusion from the investigation findings (Para 25 , 26 , 27)
8. defense arguments and counterpoints (Para 28 , 29 , 30)
9. assessment of witness credibility (Para 31 , 32 , 33)
10. court's reasoning and final judgment (Para 34 , 35 , 36 , 37 , 38)
11. final conclusion and dismissal of appeal (Para 39 , 40)

JUDGMENT :

R. POORNIMA, J.

This Criminal Appeal is filed against the conviction and sentence passed against the appellant/accused No.1 in the judgment dated 29.12.2020 passed by the Sessions Judge, Mahila Court, Tirunelveli in S.C.No.144 of 2014 by convicting and sentencing the appellant for the offence punishable under Sections 304(B) IPC and 4(B) of The Tamil Nadu Prohibition of Harassment of Women Act, 1998 and sentenced to undergo imprisonment for life and to pay a sum of Rs.50,000/- in default, to undergo one year simple imprisonment for the offence under Section 304(B) IPC and sentenced to undergo imprisonment for life and to pay a sum of Rs.50,000/- in default, to undergo one year simple imprisonment for the offence under Section Section 4 (B) of The Tamil Nadu Prohibition of Harassment of Women Act, 1998.

2. The case of the prosecution is as follows:

(a) On 25.06.2012, the deceased Raksha Rajabai lodged a complaint before the Valliyoor Women Police Station as follows:

The first accused is her husband, the second accused is her mother-in-law and the third accused is her sister-in-law. The marriage between the petitioner and A1 was solemnized in the year 2009. At the time of marriage, a sum of Rs.1,50,000/- was given as dowry. She was provided with 50 sovereign jewels and sridhana articles worth about Rs.75,000/-. After marriage, both the petitioner and A1 lived happily for one year.

(b) Out of said wedlock a female child was born and now she is aged about 1-1/2 years and she is currently eight months pregnant.

(c) Within two months of the marriage, A1 took all her jewels and pledged it in a Bank under the pretext of settling his debts. A1 also assaulted her and subjected her to cruelty, following the ill- advice of A2 and A3. Five months back A2 chased her, threatening that she must bring a sum of Rs.2 lakhs, if she wanted her jewels back. When she complained about the same to her parents, her father who was met with an accident, became bedridden and handicapped not in a position to give anything. Despite that, the accused continued to demand dowry.

(d) On 26.06.2012, at about 7.00 PM, A1 came with a sword and threatened them with dire consequences after knowing that the petitioner was pregnant stating that if they paid a sum of Rs.2 lakhs, he would live with her (complainant) or he would marry another girl. When she complained to A2 and A3, they also abused her with filthy language and threatened her with dire consequences.

(e) Subsequently, she died on 01.02.2013 at about 12.50 hours, his brother lodged a complaint with the following allegations :

Her sister was married to one Karnan during the year 2009. They had two female children. Her sister's husband had a habit of consuming alcohol. Her sister came to stay at their house. Her husband was a driver employed in Trichy, came and took her sister ten days back to his house. On 31.01.2013, they had a problem. On 01.02.2013 at about 12.15 hours, her sister's husband called him on his cell phone and informed that her sister was hanging up in ceiling. Immediately he along with his father had gone to his sister's house and witnessed, her sister was hanging from the ceiling fan in the upstairs bedroom, hence, he prayed for action.

(f) P.W.16, Thiru.Manoj

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