Bail Slip

The Appellant/Accused,namely Umapathy Alias Shankar S/o.

Nagarajan,was directed to be released on bail as per order

dated 21.06.2013 made in CRL MP.NO.1/13 IN CRL A.NO.435/2013.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.10.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH

CRL.A.No.435 of 2013

Umapathy Alias Shankar

.. Appellant/Accused

S/o.Nagarajan

Vs.

The Assistant Commissioner of Police

Washermanpet Range

Chennai

.. Respondent/Complainant

Criminal Appeal filed under Section 374 Cr.P.C., to call

for the records in S.C.No.231 of 2010 on the file of Mahila

Court, Chennai and set aside the conviction and sentence of

the appellant under Section 306 and 498A IPC.

For Appellant : Mr.Ramesh Kumar Chopra

For Respondent : Ms.P.Kritika Kamal,

Govt. Advocte (Crl. Side)

J U D G M E N T

This appeal is directed against the judgment and order of

conviction and sentence dated 17.04.2013 passed by the Mahila

Court, Chennai in S.C.No.231 of 2010.

2. The deceased Sasikala was the daughter of Adilakshmi

(PW1) and Sengotuvel (PW2). They hail from Periyanatham

Village in Chengalpattu District. Sasikala was married to the

appellant on 04.02.2004 and after marriage, they lived in Door

No.26/17, Double Pit Lane, Tondiyarpet, Chennai, which is

around 70 kms from Periyanatham Village. The couple were

blessed with a girl child in the year 2005.

3.It is the case of the prosecution that at the time of

marriage, the parents of Sasikala agreed to give 6 sovereigns

of gold, but gave only 5 sovereigns and promised to give the

balance one sovereign later, but did not give it and so, the

appellant tortured Sasikala for it. Unable to withstand

which, Sasikala committed suicide by self-immolation by

dousing with Kerosene in her matrimonial home on 25.04.2009 at

https://hcservices.ecourts.gov.in/hcservices/

01.00pm. Immediately, the appellant rushed her to the Kilpauk

Medical College Hospital where she was examined by

Dr.Rajasekaran (PW10), who made the necessary entries in the

Accident Register (P5) and admitted her to the burns ward for

treatment. She was found with 80% burns. On getting

information, the family members of Sasikala came to Chennai

and on the written complaint (Ex.P1) given by Adilakhsmi

(PW1), the mother of Sasikala, Sowrinathan (PW13), Inspector

of Police, registered a case in Crime No.192 of 2009 under

Section 309 IPC on 25.04.2009 at 17.00. Later, Sasikala

succumbed to the injuries on the same day at 17.50 hours in

the Kilpauk Medical College Hospital and therefore, the case

was altered to one under Section 174 Cr.P.C vide alteration

report (Ex.P12).

4. Since the death of Sasikala was within 7 years of

marriage, Balusami(PW11), the Executive Magistrate, conducted

inquest, examined the parents of Sasikala and the appellant in

the presence of Panchayatdhars and filed the Inquest report

(Ex.P8). Balusami (PW11) in his evidence as well in the

inquest report has stated that the death of Sasikala was due

to dowry harassment. After the inquest report, the case was

again altered to one under Sections 498-A and 304-B IPC. The

body was sent for post-mortem and the post-mortem certificate

Ex.P13 shows that Sasikala appeared to have died of shock due

to burns. No dying declaration of Sasikala was recorded. The

appellant was arrested by the police on 03.05.2009 at 12

hours. After examining witnesses and collecting various

reports, Rajaram (PW14), Assistant Commissioner of Police,

filed a final report in P.R.C.No.27 of 2010 before the XV

Metropolitan Magistrate, George Town, Chennai under Sections

498-A and 304-B IPC and alternatively under Section 306 IPC

against the appellant.

5. On appearance of the appellant, the case was committed

to the Court of Session, Chennai in S.C.No.231 of 2010 and was

made over to the Mahila Court, Chennai for trial.