Crl.A(MD) No.56 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 15.09.2023

Delivered on : 06.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL

CRIMINAL APPEAL(MD)No.56 of 2017

Selvam

... Appellant/P.W.1

Vs.

1.State rep. by

The Inspector of Police,

Ganeshnagar Police Station,

Pudukkottai District.

(Crime No.286 of 2013)

...Respondent/Complainant

2.Chandru

...Respondent/Accused

PRAYER : Criminal Appeal is filed under Section 372 of Cr.P.C to set

aside the judgment of acquittal passed by the learned Sessions Judge,

Mahalir Neethimandram, Pudukkottai passed in S.C.No.31 of 2015

dated 26.10.2016.

For Appellant

: Mr.G.Thalaimutharasu

For R1

: Mrs.M.Aasha

Government Advocate

For R2

: Mr.P.Ganapathi Subramaniam

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Crl.A(MD) No.56 of 2017

JUDGMENT

This Criminal Appeal has been filed by the appellant/P.W.1

against the judgment of acquittal passed by the Sessions Judge,

Mahalir Neethimandram, Pudukkottai in S.C.No.31 of 2015 dated

26.10.2016, wherein, the trial Court has acquitted the accused from

the offence under Section 306 IPC and Section 4-B of the Tamil Nadu

Prohibition of Harassment of Women Act.

2. Aggrieved by the said judgment of acquittal, P.W.1, who is the

brother of the deceased Sangeetha, has preferred this appeal.

3. The case of the prosecution is that the deceased Sangeetha

was residing at Malaiyeedu and the accused also residing near the

house of the deceased. The husband of the deceased namely

Kottaichamy was working in abroad and the deceased Sangeetha

along with her children were residing in Malaiyeedu. The accused

taking advantage of the absence of the husband of the deceased

Sangeetha very often gave the sexual torture to the deceased. In this

regard, already complaints were given by the deceased before the

police as against the accused. While so, on 17.06.2013 at about 01.30

p.m., when the deceased Sangeetha was alone in her house, the

accused entered into the house of the deceased and harassed her and

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Crl.A(MD) No.56 of 2017

thereby, she poured kerosene and set fire on her. Immediately, she

was taken to Government Hospital at Pudukkottai and thereafter, she

was admitted in the Geethanjali Hospital, Trichy for further

treatement and she died on 18.06.2013 at about 03.10 p.m., in the

hospital. In the hospital, the deceased Sangeetha has given the Dying

Declaration before the learned Judicial Magistrate, Pudukottai. Based

on the statement given by the deceased, P.W.9 the Sub-Inspector of

Police has registered the FIR in Cr.No.286 of 2013 under Section 174

Cr.P.C. Thereafter, P.W.12/Inspector of Police conducted the

investigation and then filed the final report.

4. Thereafter, the learned Judicial Magistrate, Pudukkottai has

taken the case on file in P.R.C.No.8 of 2015 and then furnished the

copies of records relied on by the prosecution to the accused under

Section 207 Cr.P.C. Thereafter, the case was committed to the

Principal District and Sessions Judge, Pudukkottai under Section 209

of Cr.P.C. Thereafter, the said case was made over to the Mahalir

Neethimandam, Pudukkottai in S.C.No.31 of 2015 for trial and

accused also appeared. The learned trial Judge after hearing both

sides, framed the charges as against the accused for the offence

under Section 306 IPC and Section 4-B of the Tamil Nadu Prohibition

of Harassment of Woman Act.

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Crl.A(MD) No.56 of 2017

5. Thereafter, the charges were read over and explained to the

accused and he denied the charges and then the prosecution has

examined P.W.1 to P.W.12 and marked Ex.P1 to Ex.P11 and marked

M.Os.1 to 3.

6. After completion of prosecution witnesses, the trial Court has

examined the accused under Section 313(i)(b) Cr.P.C., with regard to