BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 25.10.2025 Pronounced on : 14.11.2025 CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.A.(MD)No.12 of 2022 Seenivasan @ Raja Mohammed ... Appellant/

Sole Accused Vs.

The Inspector of Police, S.S.Colony Police Station, Madurai District.

(Crime No.930 of 2014) ... Respondent/

Respondent Prayer : This Criminal Appeal filed under Section 374(2) of Cr.P.C., to call for the records pertaining to the judgment made in S.C.No.486 of 2016 dated 08.12.2021 on the file of the learned Sessions Judge, Mahalir Neethimandram, Madurai and set aside the same by allowing above appeal.

For Appellant : Mr.P.Andiraj for Mr.P.Chandrakumar For Respondent : Mr.K.Gnanasekaran Government Advocate (Criminal Side)

JUDGMENT

The Criminal Appeal is directed against the judgment of conviction made in S.C.No.486 of 2016 dated 08.12.2021 on the file of the Mahalir Neethimandram, Madurai.

2. The appellant is the sole accused in S.C.No.486 of 2016, facing charge under Section 306 IPC, on the file of the Mahalir Neethimandram, Madurai.

3. The case of the prosecution is that the deceased Ashar Nihar and the appellant / sole accused (hereinafter referred as 'accused') got married in December-2013, that the deceased was a divorcee and had 2 children through her first husband and the children are with their father, that after the second marriage, the deceased resided at H.M.S. Colony, Ramalinga Nagar, Madurai with the accused, that the accused had no work and he was not able to provide any money to run the family but he got the jewels of the deceased for conducting business and mortgaged the same, that there existed disputes and quarrels between the accused and the deceased, that the accused had been torturing the deceased to give her jewels for mortgage and the deceased was upset by the torture given by him, that the deceased informed the above conduct of her husband to her sister Anish Fathima, that the deceased was under mental depression, that on 17.07.2014 at about 05.30 p.m., the accused left the house after quarreling with the deceased and thereafter, the deceased committed suicide by hanging with nylon rope in her bedroom and died and that the accused had committed the offence punishable under Section 306 IPC.

4. The learned Judicial Magistrate, Additional Mahila Court, Madurai, took the charge sheet on file in P.R.C.No.55 of 2016 and furnished the copies of records under Section 207 Cr.P.C. on free of costs. The learned Magistrate, finding that the offence under Section 306 IPC is exclusively triable by the Court of Sessions, after compliance under Sections 208 and 209 Cr.P.C., had committed the case to the file of Mahalir Neethimandram, Madurai and the same was taken on file in S.C.No.486 of 2016.

5. After appearance of the accused, the learned Sessions Judge, upon perusing the records and on hearing both the sides, being satisfied that there existed a prima facie case against the accused, framed a charge under Section 306 IPC and the same was read over and explained to him and on being questioned, he denied the charge and pleaded not guilty.

6. The prosecution, to prove its case, examined 14 witnesses as P.W.1 to P.W.14, exhibited 13 documents as Ex.P.1 to Ex.P.13 and marked

1 material object as P.M.O.1.

7. The case of the prosecution emerging from the evidence adduced by the prosecution in brief as follows;

(a) P.W.1-Tmt.Jennath is the wife of the defacto complainant Asif Ali. Subsequent to lodging of complaint, the defacto complainant died on 13.10.2017. P.W.1 and the defacto complainant had two daughters, P.W.2- Anish Fathima and the deceased Ashar Nihar and a son Abdul Niyas. The deceased was given marriage to one Haja Nazirudeen and due to their wedlock, they were blessed with 2 children. Subsequently, there arose misunderstanding between them and their marriage was dissolved through Court. The children were in the custody of their father Haja Nazirudeen. After divorce, the deceased worked in a beauty pa