Advocates:
['M/S S SATHIA CHANDRAN', '', 'R GOBIKA', 'PUBLIC PROSECUTOR']

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

Crl.A.No.220 of 2016

Manikandan @ Mani

.. Appellant/Accused

Vs.

State by:

Inspector of Police,

Tiruvarur Town Police Station,

Tiruvarur

Tiruvarur District.

(Cr.No.449/2012)

.. Respondent/Complainant

Criminal Appeal filed under Section 374(2) Cr.P.C. against the

Judgment and conviction passed by the learned Sessions Judge, Magalir

Neethimandram, (Fast Track Court) Thiruvarur in S.C.No.113 of 2014

dated 24.07.2015 convicting the Appellant/Accused for the offence under

Section 376 of IPC and sentencing him to undergo R.I. for a period of

seven years and to pay a fine of Rs.5000/- in default to undergo Rigorous

Imprisonment for a period of six months.

For Appellant

: Mr.S.Sathia Chandran

For Respondent

: Mr.S.Balaji (Crl.Side)

Government Advocate (Crl. Side)

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J U D G M E N T

This Criminal Appeal has been preferred against the Judgment

and Conviction dated 24.07.2005 passed by the learned Sessions Judge,

Magalir Neethimandram, (Fast Track Court) Thiruvarur in S.C.No.113 of

2014 dated 24.07.2015 convicting the Appellant/Accused for the offence

under Section 376 of IPC and sentencing him to undergo R.I. for a period

of seven years and to pay a fine of Rs.5000/- in default to undergo

Rigorous Imprisonment for a period of six months.

2. The facts as revealed from the prosecution witnesses and

other materials are as under :

i) On 18.8.2012, at about 11.00 pm, a complaint, Ex.P1 came to

be filed by one Thiyagarajan (PW1) contending that himself and his wife

had gone to a temple on 18.8.2012 leaving their daughter Mahalakshmi

(the deceased) at home and when they were on their way back to home

after worshipping, one Mani son of Ekambaram (accused) had informed

them that their daughter had committed suicide by hanging by herself and

he had admitted her in a private hospital and accordingly, they rushed to

Thiruvarur Medical Centre where, they were informed by the Doctor that

their daughter died and thereupon, they have taken their daughter to the

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Government Hospital, Thiruvarur in an ambulance where, the Doctor, who

was on duty, had declared that their daughter was brought dead and made

arrangements for keeping the body in mortuary and thereby, PW1 had

sought to conduct enquiry and take action for the death of their daughter.

ii) The Special Special Sub Inspector of Thiruvarur Town

Police Station (PW11), on receipt of the complaint, registered the same in

Crime No.449 of 2012 under Section 174 Cr.P.C. in F.I.R. - Ex.P6. On

19.8.2012, PW1 had handed over the dead body to the relatives on

completion of the post mortem and submitted the case records to the

Inspector of Police, Vadapathimangalam, who was in charge of the

Station.

iii) The Inspector of Police, P.W.12, who took the case for

investigation, visited the scene of occurrence on 19.08.2012 at 6.00 am

and prepared observation mahazar (Ex.P2) and Rough Sketch (Ex.P7).

Thereafter, he had examined the witnesses viz., Murugan (PW9) and

Manirao and recorded their statements. On the same day, P.W.12 had

conducted inquest in the presence of Panchayatars and Ex.P8 is the

inquest report. PW12 had sent the dead body for post mortem by deputing

PW11. Thereafter, he had examined P.W.1 to P.W.9 and recorded their

statements.

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iv) PW1 being the father of the deceased deposed that he

alongwith his wife had visited to a temple on the date of occurrence viz.,

on 18.8.2012 and while returning from the temple, the accused had

informed them that their daughter had committed suicide and had admitted

her in a private hospital and by arranging an auto for them, he had asked

them to go to Thiruvarur Medical Centre and