Advocates:
['M/S T P PRABAKARAN', '', 'M R SAKUNTHALA', 'PUBLIC PROSECUTOR']

Crl.R.C.No.859 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 28.06.2022

Pronounced on : 06.07.2022

Coram::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Crl.R.C No.859 of 2014

Dhananchezhiyan, M/38 years,

S/o.Krishnan,

Pillaiyar Koil Street,

Venmani Nagar,

Gandhi Nagar Post,

Vellore – 6.

... Petitioner

/versus/

The State Rep., by

The Inspector of Police,

Bagayam Police Station,

Vellore District.

(Crime No.645 of 2001).

... Respondent

Prayer: Criminal Revision Petition is filed under Section 397 read with 401 of

Cr.P.C., to set aside the judgment dated 11.03.2014 made in C.A.No.91/2008 on

the file of the Court of II Additional District and Sessions Judge, Vellore at

Ranipet, Vellore District confirming the judgment dated 30.04.2008 made in

S.C.No.128 of 2007 on the file of Court of Assistant Sessions Judge cum Chief

Judicial Magistrate, Vellore and acquit the petitioner from the offence under

Section 498A and 306 of I.P.C and pass orders.

For Petitioner

: Mr.T.P.Prabakaran

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Crl.R.C.No.859 of 2014

For Respondent

: Mr.N.S.Suganthan,

Government Advocate (Crl.Side)

O R D E R

This revision petition is against the concurrent finding of the Courts

below convicting the petitioner herein for offence under Sections 498-A and 306 of

I.P.C (4 counts).

2. For sake of connivance, the petitioner herein is referred as accused.

3. The case of the prosecution is that the accused married one

Prabavathi about 8 years prior to the incident. They had three female children.

The accused developed intimacy with one Selvi (A2) and started causing cruelty to

his wife Prabavathi. A1 eloped with A2 deserting Prabavathi (wife) and three

children. They lived together in Bangalore for few years. Four months prior to the

occurrence, they both returned to the Village. They forced Prabavathi to bring

money from her parents to meet out their expenses. On 29.11.2001, she was

beaten up and driven out from the matrimonial home by A1 & A2. Prabavathi left

the house at Virudhampet along with three children came to Bagayam and pushed

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Crl.R.C.No.859 of 2014

all her three children in the irrigating well and she also fallen into the well and

committed suicide. Two days later, 4 dead bodies were found floating, by the well

owner and same was informed to the police, leading to registration of the F.I.R.

4. On completion of investigation, final report was filed. The copies

were furnished to the accused and case committed to the Court of Sessions.

Charges under Section 498-A and 306 r/w 34 of I.P.C as against A1 and charge

under Section 306 r/w 34 I.P.C as against A2 were framed and the accused were

tried.

5. To prove the charges, the prosecution has examined 24 witnesses,

marked 20 Exhibits and produced 22 material object.

6. The Trial Court found A1 guilty of offence under Section 498-A

and 306 r/w 34 I.P.C (4 counts). Acquitted A2 from charge under Section 306 r/w

34 I.P.C. A1 was sentenced to undergo 3 years R.I and to pay fine of Rs.1000/- in

default, to undergo further period of two months R.I for offence under Section 498-

A of I.P.C and sentenced to undergo 6 years R.I and to pay fine of Rs.500/- for

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Crl.R.C.No.859 of 2014

each count (4 counts), in default, one month R.I for offence under Section 306 of

I.P.C (4 counts)

7. Aggrieved by the conviction and sentence, the 1^st accused preferred

appeal before the II Additional District and Sessions Judge, Vellore at Ranipet, in

C.A.No.91 of 2008. The Appellate Court confirmed the conviction and sentence

passed by the trial Court, hence the present revision petition.

8. The Learned Counsel appearing for the petitioner submitted that

the reasoning of the Courts below for convicting the accused for offence under

Section 498-A and 306 of I.P.C is not supported by