MADRAS HIGH COURT
, J
Bala alias Balasubramaniyan v. State rep. by Inspector of Police Mannargudi Town Police Station Thiruvarur
S.C.No.77 of 2013
| Table of Content |
|---|
| 1. conviction challenged in regard to the definition of cruelty under ipc. (Para 1 , 6) |
| 2. evidence admittance difficulties established due to witness contradictions. (Para 2 , 20 , 25) |
| 3. observation on credibility of witnesses related to the deceased's mental state. (Para 8 , 19) |
| 4. arguments regarding the credibility of complaints filed against the accused. (Para 9 , 10 , 14) |
| 5. final ruling on the inadequacy of evidence and subsequent acquittal. (Para 26 , 30 , 31) |
1. This appeal has been filed by the appellant / accused challenging the judgment of conviction and sentence imposed on him in S.C.No.77 of 2013, dated 12.12.2014, on the file of the learned Sessions Judge, Magalir Neethimandram, Thiruvarur. The appellant was found guilty for the offence punishable under S.498(A) IPC, and was sentenced to undergo two years Rigorous Imprisonment and to pay a fine of Rs.10,000/-, in default to undergo six months Rigorous Imprisonment. The period of detention already undergone by the accused was ordered to be set - off under S.428 Cr.P.C.,
2. I. FACTS OF THE CASE:
The appellant / accused is the husband of the deceased Ramya alias Renugadevi. The marriage between them was solemnized at A.K.S.Marriage Hall, Mannargudi. Out of their wedlock, a male child was born. They were residing at Door No.64 / B2, New Bye Pass Road, Mannargudi. The accused often used to pick up quarrel with the deceased. In this regard, earlier panchayats were also held. On the date of occurrence, i.e on 28.12.2010, at about 6 P.M., accused quarrelled with the deceased and scolded her by saying that she should not stay at the house and should go out of the house. Due to the above cruelty and harassment, the deceased committed suicide by pouring kerosene. Therefore, the charge - sheet was laid against the accused for offence under S.498 (A) and 306 IPC.
3. Initially, the learned Judicial Magistrate No.1, Mannargudi took the case on file in PRC No.3 of 2013 and furnished copies of the case materials and document to the accused. On considering the case materials and documents, the learned Judicial Magistrate No.1, Mannar - gudi, has come to the conclusion that the case is exclusively triable by the Court of Session. Therefore, the learned Judicial Magistrate No.1, Mannargudi, transferred the case to the Principal Sessions Judge, Tiruvarur. The Principal Sessions Judge, Tiruvarur in - turn made over the case to the Assistant Sessions Judge, Mannargudi for trial with respect to the charges laid against the accused under S.498 (A), 306 IPC.
4. The learned Assistant Sessions Judge, Mannargudi, found that prima facie case was made against the accused for offence under S.498(A), S.306 IPC. Accordingly, charges were framed against the accused and was read over to the accused. When the accused was questioned about the respective charges laid against him, he denied the charges and claimed to be tried. Thereafter, the case was transferred to the learned Principal Sessions Judge, Tiruvarur.
5. II. WITNESSES EXAMINED AND DOCUMENTS RELIED UPON:
In order to prove the guilt of the accused, the prosecution has examined nineteen witnesses as PW1 to PW19 and marked Exhibits P1 to P13. The prosecution also marked material objects as MO1 to MO5. On the side of the accused, no documents were examined, however, the statement of the accused was recorded under S.313 Cr.P.C., The accused has denied all the incriminating evidence against him and has not adduced any independent witness nor produced any document.
6. The learned Sessions Judge after considering both oral and documentary evidence on record, by judgment dated 12.12.2014, has convicted the accused. The accused was found guilty for the offence punishable under S.498(A) IPC, and hence, he was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo six months rigorous imprisonment. The period of detention already undergone by the accused was ordered to be set - off under S.4
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