JUDGMENT

On 04.06.2013, when P.W.8/Thilagavathy/Sub-Inspector of Police, was on duty in Thevoor Police Station, P.W.1/Kuppuswamy appeared before her and lodged a complaint to the effect that five years before the said

https://www.mhc.tn.goovc.icn/ujurdrisence, he arranged the marriage of his daughter/Vennila to the

Appellant/accused and she was nine months pregnant. One month before the incident the Appellant/accused was not permitting the deceased/victim to go over to her parent's house or any relatives' house. While so on that day i.e., 04.06.2013 at about 1'o clock, he was informed by his relative that his daughter committed suicide by hanging. Therefore, he lodged the complaint to take action in respect of the unnatural death of his daughter.

2.Based on the complaint, initially, the First Information Report was registered as per the provisions under Section 174 of Cr.P.C, in Crime No.95 of 2013. Subsequently, on receipt of Ex.P-8/report from the Revenue Divisional Officer, the case was altered into one under Section 498 A and 306 of IPC. The investigation was completed by P.W.10/Investigation Officer and he laid a charge sheet proposing the appellant guilty of the said offenses. The Learned Judicial Magistrate No.1, Sangagiri, took up the case in P.R.C. No.9 of 2014 and upon the appearance of the accused, furnished the copies of documents as per Section 207 of Cr.P.C, and thereafter, committed the case to the Learned District and Sessions Judge, Salem. The learned Sessions Judge, thereupon, took the case on file in S.C.No.461 of 2016. Subsequently, it was made over to the Trial Court namely Mahila Court, Salem. Upon considering the materials on records, the Trial Court framed charges for the offenses under Section 498 A and 306 of IPC. The Appellant/accused denied the charges and stood for trial.

3.The prosecution examined Kuppuswamy, who is the first informant and father of the deceased/Vennila as P.W.1; The Village Administrative Officer, who was the witness to the confession statement as P.W.2; One Palaniammal, the mother of the victim as P.W.3; One Seerangan, brother of the victim as P.W.4; One Thulasimani, Sister of the victim as P.W.5; One Palanisamy, relative of P.W.1 as P.W.6 and One Doctor/Sangeetha, who conducted the Post-Mortem as P.W.7; One Thilagavathy, the Sub-Inspector of Police, who registered the First Information Report as P.W.8; One Rathinasamy, the RDO, who conducted inquiry as P.W.9 and One Ramasamy the Investigation Officer as P.W.10.

4.On behalf of the prosecution, the complaint lodged by P.W.1 was marked as Ex.P-1; Seizure mahazar as Ex.P-2; Observation mahazar as Ex.P-3; Post-mortem was marked as Ex.P-4; the chemical analysis report is Ex.P-5; Final opinion of the Doctor is Ex.P-6; the First Information Report is Ex.P-7; the RDO report is Ex.P-8; Rough sketch is Ex.P-9; Form 91 as Ex.P-10; the Alteration Report is Ex.P-11; and the request letter to keep the body in the Mortuary as Ex.P-12. On behalf of the prosecution, a piece of Saree used for the hanging was produced as M.O-1 and the remaining piece of Saree was produced as M.O-2.

5.Upon being questioned about the evidence on record and incriminating circumstances against the accused, he denied the same.

6.Thereafter, One Mani was examined as D.W.1, on behalf of the defense. The Trial Court thereafter proceeded to hear the learned Additional Public Prosecutor, on behalf of the prosecution and the learned Counsel for the accused and by Judgment dated 27.04.2019 found the appellant/accused guilty of the offence under Section 498 A and sentenced him to undergo imprisonment for a period of three years and fine of Rs.1,000/-, in default of payment of fine, to undergo six months Simple Imprisonment. The Trial court also found the appellant/accused guilty of the offence under Section 306 of IPC, and sentenced him to undergo 10 years of Rigorous Imprisonment and a fine of Rs.2,000/- and in default to pay the amount to undergo a further period of six months Sim