DATED: 11-11-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL A No. 539 of 2019 Saravanarajkumar Appellant(s)

Vs State Represented By The Deputy Superintendent of Police, Kangeyam Sub Division, Kangeyam Police Station, Tiruppur District. (Cr.No.231/2013, )

Respondent(s)

PRAYER This Criminal Appeal filed under Section 374(2) of Cr.P.C to set aside the conviction of the appellant by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur in S.C.No.120 of 2014 dated 19.07.2019 .

For Appellant(s): Mr. R. John Sathyan, Senior Counsel, for Mr. Pradeep Jayaraman For Respondent(s): Mr. A.Damodaran, Addl. Public Prosecutor

ORDER

(Order of the Court was made by N.Sathish Kumar J.)

Challenging the life imprisonment imposed under Section 304(B) IPC on the sole appellant, who was A1 before the Trial Court, has filed the present appeal.

2. The case of the prosecution, in brief, is as follows: -

The deceased, Yamuna Devi, was married to the appellant on 04.03.2012.

At the time of marriage, 70 to 75 sovereigns of jewels and an i-20 car were given by P.W.1, the father of the deceased. After the marriage, the appellant and the deceased lived in a joint family at Coimbatore and led a normal life for about 4 to 5 months. Thereafter, A2 began to insist the deceased to obtain money from P.W.1. Consequently, the deceased frequently visited P.W.1’s house and received money from him.

(ii) One month prior to the occurrence, the deceased informed P.W.1 over phone that she was subjected to cruelty and was not even provided proper food. She requested P.W.1 to take her from the matrimonial home. P.W.1 then instructed his co-brother's son Rajesh bring the deceased to P.W.1's home. During her stay, the deceased was continuously weeping. On enquiry, she stated that she was not willing to return to the matrimonial home until a separate residence was arranged. She further informed P.W.1 that when she asked the appellant/A1 to set up a separate residence, he demanded Rs.40 lakhs from her father for that purpose. While the situation stood thus, on 19.06.2013, the deceased committed suicide at P.W.1’s house. Immediately, P.W.1 lodged a complaint( Ex.P1).

(iii) Upon receiving the complaint, P.W.8, Sub Inspector of Police, registered a case in Crime No.231 of 2013, under Section 174 of Cr.P.C., and prepared Ex.P.9 First Information Report. P.W.8 forwarded the First Information Report to the higher officials and to the Revenue Divisional Officer, Dharapuram as the death had occurred within 7 years of marriage.

(iv) P.W.9, Deputy Superintendent of Police, on receipt of the First Information Report, commenced the investigation, proceeded to the scene of occurrence, prepared Observation Mahazar(Ex.P.7), and drew Rough Sketch(Ex.P.10) in the presence of P.W.7 and another witness, namely, one Ponnusamy. He seized the nylon saree, which was used by the deceased for hanging herself, (M.O.1) under Seizure Mahazar (Ex.P.8) in the presence of the same witnesses. PW.10, who was engaged by P.W.9, took four photographs of the body of the deceased (M.O.2 series).

(v) P.W.6, the Revenue Divisional Officer, went to P.W.1’s house and conducted an inquest over the body of the deceased in the presence of panchayatdars and witnesses and prepared Inquest Report(Ex.P.5). After examination, he came to the conclusion that the deceased had committed suicide by hanging due to the dowry harassment made by the accused. He sent the case records along with his report (Ex.P.6) to the Deputy Superintendent of Police and forwarded the body of the deceased for post mortem.

(vi) P.W.5, Assistant Doctor, who was working in Government Hospital, Kangeyam, after receiving the requisition from the RDO, on 20.06.2013, conducted post-morterm on the body of the deceased with the assistance of Dr.Thiruganasampantham and noted the following external injuries :

(i) multiple old 0.5 x 0.5 cm sized ? cigarette burn marks seen in breast, upper arm