IMPORTANT POINT
Factors to be considered for discharge of an accused discussed.

JUDGMENT

VIKRAMAJIT SEN, J.

1. Leave granted. This Appeal assails the Order of the High Court of Judicature at Madras while exercising its Criminal Revisional Jurisdiction. The facts disclose a human tragedy. Ramachandra Reddy was married to Sujatha on 2.5.1999. At the initial stages of their marriage the deceased couple was staying with the bride’s relatives, significantly, not with her parents-in-law who are the remaining accused. They had set up their own separate residence about six months prior to the unfortunate incidents. On 26.3.2006 Sujatha was found murdered in the hotel room in Pondicherry [now Puducherry] rented by her soon to be deceased husband. Her body bore several stab wounds. Thereupon, Crime No.86/2006 under Section 302 IPC dated 26.3.2006, leading to Charge Sheet No.59/2007 dated 31.5.2007 under Sections 302, 498-A read with 34, IPC was registered. It then transpires that the husband of the deceased, namely, Ramachandra Reddy, possibly suffering from guilt and remorse, committed suicide shortly thereafter. The question before us is whether the criminal proceedings could or should have been continued against his parents, namely Vidyasagar and Narasamma, who had preferred a Discharge Petition under Section 227 of the Code of Criminal Procedure, 1973 (‘Cr.PC’ henceforward) in which they eventually succeeded.

2. The Final Report dated 31.5.2007 reads so –

“Since the date of marriage at the residence at No.2-7/10, Lakma Reddy Colony, Uppal, Hyderabad, the accused No.1 Ramachandra Reddy, S/o Vidyasagar Reddy, No.-7/10, Lakma Reddy Colony, Uppal, Hyderabad (husband of the deceased) who is no more now, the accused No.2. Vidyasagar Reddy, S/o Ramachandra Reddy, No.2- 7/10, Lakma Reddy Colony, Uppal, Hyderabad (Father-in-law of the deceased) and the accused No.3 Narasamma Reddy, w/o Vidyasagar Reddy, No.2-7/10, Lakma Reddy Colony, Uppal, Hyderabad (Mother- in-law) of the deceased, in furtherance of their common intention, subjected the deceased Sujatha to cruelty and harassment relating to dowry demand and rendered themselves liable to be punished u/sec.498-A IPC r/w 34 IPC. That on 25.3.2006 at about 19.00 hrs. at Room No.306, Hotel Aruna, Second Floor, No.3, Zamindar Garden, near Ajantha Theatre, S.V.P. Salai, Muthialpe, Puducherry-3, about 800 meters South-East to PS, accused No.1 noted above in furtherance of common intention with his father, the second accused and his mother, the third accused, caused death of his wife Sujatha, as she was unable to meet out their unlawful demand of dowry by inflicting 11 multiple injuries by means of knife with the knowledge that such injuries would be likely to cause death or would be sufficient in the ordinary course of nature to cause death and rendered themselves liable to be punished u/sec.302 IPC r/w 34 IPC.

Hence, the charges.

CHARGE ABATED.

The accused above said A1 Ramachandra Reddy, S/o Vidyasagar Reddy, No.2-7/10, Lakma Reddy Colony, Uppal, Hyderabad had committed suicide by hanging and he is no more now. In this connection a separate case in Cr.No.244/2006 u/sec.174 Cr.P.C. was registered at PS D’ Nagar, dt.24.9.2006 and investigation was taken-up.

Therefore, the charge against him is abated”.

3. The IIIrd Additional Sessions Judge, Pondicherry favoured the position that the proceedings could continue against the Respondent-parents (Accused Nos.2 and 3) notwithstanding the devastating death of their son (Accused No.1) despite prosecution against him having abated. The Learned Additional Sessions Judge specifically recorded the fact that the Public Prosecutor had conceded that there appeared to be no direct involvement of the father-in-law and mother-in-law in the murder, but that since it was a murder case the discharge may not be considered before the Trial. The Learned Additional Sessions Judge noted that the parents were implicated only on the basis of the Statements recorded under Section 161 of the Cr.P.C.; it was of the prima facie view that the motive behind the murd