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
| 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
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 absence of evidence proving demand of dowry or cruelty negates conviction under Sections 498A and 304B IPC; presumption under Section 113B of the Evidence Act requires substantiation of foundatio....
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.
Prosecution must clearly establish essential ingredients of dowry-related offences; lack of consistent evidence led to acquittal.
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....
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....
The judgment reaffirms the legal principle that the prosecution must prove the essential ingredients of dowry death under Section 304-B of IPC and can strengthen its case with the statutory presumpti....
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
(1) Dowry death – There must be existence of a proximate and live-link between effect of cruelty based on dowry demand and concerned death.(2) ‘Soon before’ is a relative term and it would depend upo....
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