Crl.A.No.620 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 05.07.2022

Pronounced on : 13.07.2022

Coram::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Crl.A.No.620 of 2015

Srinivasan,

... Appellant/Accused

/versus/

State by

The Inspector of Police,

Mangalam Police Station,

Tiruppur.

Crime No.2360 of 2010.

... Respondent/Complainant

Prayer: Criminal Appeal is filed under Section 374(2) of Cr.P.C., against the

sentence and order passed in S.C.No.154 of 2013 dated 19.09.2015 by the

Learned Magalir Neethimandram (Fast Track Mahila Court), Tiruppur and seeks

to set aside the same.

For Appellant

: Mr.P.Thamaraiselvan

Mr.P.Palaninathan, Amicus Curiae

For Respondent

: Mr.S.Udaya Kumar,

Government Advocate (Crl.Side)

J U D G M E N T

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Crl.A.No.620 of 2015

The appellant herein is the husband of deceased Mageshwari. They

got married in the year 2006 and had two female children by name Harini (3 years

old) and Hasini (6 months old). On 30/10/2010, Mageshwari doused herself with

kerosene and set fire to herself. Her 6 months old daughter Hasini, who was near

her also caught in fire, both died.

2. Next day, on 31/10/2010, at about 2.00 p.m, Chandrapal, the father

of the deceased informed the police about the incident. He alleged that, a month

before the occurrence when he and his wife came to see their daughter, she

complaint about her husband Srinivasan that, he is having illicit relationship with

several women and not taking care of her and their children. He stay away from

the home for several days. A month prior to the incident, they heard Srinivasan

has set up a house for one Radha, daughter of Neelaperumal and living with her.

When they reported about the behaviour of Srinivasan to his parents, they

supported him and retarded saying, he as a male will marry 1000 ladies. Nobody

should blame his conduct. When this matter was reported to Palladam Police, they

called Srinivasan and warned him to desist from such behaviour. On 30/10/2010,

at about 11.00 p.m, he received a call from her daughter's house informing that his

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Crl.A.No.620 of 2015

daughter Mageshwari and grand daughter Hasini caught fire and died.

3. For the above said incident, First Information Report registered in

Crime No.2360/2010 under Section 174 Cr.P.C. Thereafter, the Deputy

Superintendent of Police, Palladam, took up the investigation and visited the scene

of occurrence at 17.00 hrs. He prepared the observation mahazar, rough sketch

and recovery mahazar in the presence of local witnesses. Since the unnatural death

of Mageshwari occurred within 7 years of her marriage, enquiry by RDO was

arranged. Her body was sent to post-mortem along with requisition letter.

Therefore, F.I.R was altered from 174 Cr.P.C to Sections 306, 498-A and 302

I.P.C. After completion of the investigation, final report filed before the Judicial

Magistrate-II, Tiruppur and taken on file as P.R.C.No.13/2012. After furnishing

copies to the accused, the final report copy and the documents relied by the

prosecution, committed the case to Sessions Court for trial.

4. The case was taken on file by the District and Sessions Court as

S.C.No.154/2013 and later, transferred to the Special Court for offence against

Women, on its constitution at Tiruppur. The Mahila Court framed charge under

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Crl.A.No.620 of 2015

Section 306 of I.P.C against the accused and put him on trial.

5. To prove the charge, the prosecution examined 14 witnesses,

marked 21 documents and one material object.

6. P.W-2 and P.W-3 are the father and mother of Mageshwari. P.W-4

is the brother of P.W-3, P.W-7 is the brother of the deceased Mageshwari. These

witnesses had deposed about the demand of money and physical assault by the

accused.