HIGH COURT OF JUDICATURE AT MADRAS
ARUSAMI – Appellant
Versus
STATE REP BY – Respondent
CRL A 344/2019
['M/S MURUGANANTHAM T', '', 'E IYAPPAN', 'R SUNIL KUMAR', 'M RAJKUMAR', 'PUBLIC PROSECUTOR']
BAIL SLIP
The
Appellant/Accused Namely,
Arusami M/Age 35 years
S/o.Palaniyappan was directed to be released on bail vide in
Crl.MP.No.14537/2019 in Crl.A.No.344 of 2019 dated 08.11.2019.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl. A. No. 344 of 2019
Arusami M/Age 35 years
...Appellant/Sole Accused
Versus
State Rep. by
Deputy Superintendent of Police,
Thevoor Police Station,
Salem District.
(*Crime No.95/2013)
(Amended as per order in Crl.MP.No.986/2020
Crl.No.344 of 2019 dated 28.01.2020)
...Respondent
Prayer: Criminal Appeal filed under Section 374(2) of Crl.P.C to
set aside the Judgement dated 27.40.2019 passed in S.C.No.461 of
2016 on the file of the Learned Sessions Judge, Mahilar
Needimandram, Salem.
For Appellant
: Mr.T.Muruganantham
For Respondent : Mr.S.Vinoth Kumar
Government Advocate (Crl.Side)
JUDGMENT
On 04.06.2013, when P.W.8/Thilagavathy/Sub-Inspector of
Police, was on duty in Thevoor Police Station, P.W.1/Kuppuswamy
appeared before her and lodged a complaint to the effect that
five years before the said occurrence, he arranged the marriage
of his daughter/Vennila to the Appellant/accused and she was
nine months pregnant. One month before the incident the
Appellant/accused was not permitting the deceased/victim to go
over to her parent's house or any relatives' house. While so on
https://hcservices.ecourts.gov.in/hcservices/
that day i.e., 04.06.2013 at about 1'o clock, he was informed
by his relative that his daughter committed suicide by hanging.
Therefore, he lodged the complaint to take action in respect of
the unnatural death of his daughter.
2.Based on the complaint, initially, the First Information
Report was registered as per the provisions under Section 174 of
Cr.P.C, in Crime No.95 of 2013. Subsequently, on receipt of
Ex.P-8/report from the Revenue Divisional Officer, the case was
altered into one under Section 498 A and 306 of IPC. The
investigation was completed by P.W.10/Investigation Officer and
he laid a charge sheet proposing the appellant guilty of the
said offenses. The Learned Judicial Magistrate No.1, Sangagiri,
took up the case in P.R.C. No.9 of 2014 and upon the appearance
of the accused, furnished the copies of documents as per Section
207 of Cr.P.C, and thereafter, committed the case to the Learned
District and Sessions Judge, Salem. The learned Sessions Judge,
thereupon, took the case on file in S.C.No.461 of 2016.
Subsequently, it was made over to the Trial Court namely Mahila
Court, Salem. Upon considering the materials on records, the
Trial Court framed charges for the offenses under Section 498 A
and 306 of IPC. The Appellant/accused denied the charges and
stood for trial.
3.The prosecution examined Kuppuswamy, who is the first
informant and father of the deceased/Vennila as P.W.1; The
Village Administrative Officer, who was the witness to the
confession statement as P.W.2; One Palaniammal, the mother of
the victim as P.W.3; One Seerangan, brother of the victim as
P.W.4; One Thulasimani, Sister of the victim as P.W.5; One
Palanisamy, relative of P.W.1 as P.W.6 and One Doctor/Sangeetha,
who conducted the Post-Mortem as P.W.7; One Thilagavathy, the
Sub-Inspector of Police, who registered the First Information
Report as P.W.8; One Rathinasamy, the RDO, who conducted inquiry
as P.W.9 and One Ramasamy the Investigation Officer as P.W.10.
4.On behalf of the prosecution, the complaint lodged by
P.W.1 was marked as Ex.P-1; Seizure mahazar as Ex.P-2;
Observation mahazar as Ex.P-3; Post-mortem was marked as Ex.P-4;
the chemical analysis report is Ex.P-5; Final opinion of the
Doctor is Ex.P-6; the First Information Report is Ex.P-7; the
RDO report is Ex.P-8; Rough sketch is Ex.P-9; Form 91 as Ex.P-
10; the Alteration Report is Ex.P-11; and the req