SARANYA Vs. BHARATHI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.08.2020 passed by the High Court of Judicature at Madras in Criminal OP No. 1443 of 2020, by which the High Court in exercise of powers under Section 482 Cr.P.C. has quashed and set aside the entire criminal proceedings qua respondent no.1 herein – original accused no.2 (A2) in P.R.C. No.250 of 2019 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai, the original complainant – wife of the deceased – victim has preferred the present appeal.

(2.) That an FIR was lodged against respondent no.1 herein and one another on the statement of the appellant herein initially for the offences under Sections 326, 307, 302, 420, r/w 34 IPC. As per the statement and the allegations in the FIR, her husband was serving as Assistant Professor a year before. However, thereafter he was unemployed; that she had studied up to B.Com and looking after the domestic works; that since her husband was unemployed and it was difficult to maintain the family expenses, at that time, one Vela alias Velayutham was introduced by respondent no.1 herein and told them that the said Vela alias Velayutham is employed at Guindy Employment Exchange and that if they give money, he can arrange Government employment for them; it was further alleged that believing in his words they gave Rs. 4 lakhs to Velayutham about six months before; that on 23.09.2019 the said Velayutham promised that my husband will get the appointment order today itself and asked us to come to Vyasarpadi; that as asked by Velayutham, A1 in the aforesaid FIR, the complainant and her husband went to Flat No. 560, 8th Main Road behind Vyasarpadi Mullai Nagar Bus Depot at about 9:00 a.m. and met him; that A1 offered them ‘Prasadam’ from Shirdi Sai Baba Temple and to talk after our taking the Prasadam; that it was a powder like Vibhuti in Shiva Temples; that since the powder was bitter in taste, she spitted it out, however, her husband had consumed it; that her husband fainted and fell down and that she was also feeling drowsy; that people nearby called 108 Ambulance and sent them to Stanley Hospital for treatment; that while she was on treatment she came to know that her husband died at the spot of the incident itself; that it was alleged that the powder given by Velayutham-A1 was the cause for her husband’s death and her drowsiness; that the statement of the complainant was recorded at the hospital on 24.09.2019 which at the relevant time was treated as dying declaration. The relevant extract of the same is as under:

(3.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court quashing and setting aside the entire criminal proceedings/chargesheet qua respondent no.1 herein-A2 in P.R.C. No. 250 of 2019 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 420, 302 r/w 109 IPC, the original complainant – victim – wife of the deceased has preferred the present appeal.