BABU @ BALASUBRAMANIAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants (A1-Babu and A2-Pappathi respectively, for convenience) were tried by the Principal Sessions Court, Coimbatore in Sessions Case No.141 of 2000 for offences punishable under Section 498A and Section 302 read with Section 34 of the IPC. A1-Babu was convicted under Section 498A of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default, to undergo further rigorous imprisonment for two months. A1-Babu was also convicted for offence punishable under Section 304 Part I of the IPC and sentenced to suffer rigorous imprisonment for seven years for the same. A2-Pappathi was convicted for offence punishable under Section 498A of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default, to undergo further rigorous imprisonment for two months. A2-Pappathi was also convicted for offence punishable under Section 304 Part I read with Section 109 of the IPC and sentenced to suffer rigorous imprisonment for seven years for the same. On appeal, the Madras High Court confirmed the conviction and sentence. Hence, this appeal, by special leave.

(2.) Gist of the prosecution case needs to be stated.

(3.) We have heard Mr. Ratnakar Dash, senior advocate, appearing for the appellants and Mr. M. Yogesh Khanna, counsel appearing for the respondent- State. Mr. Ratnakar Dash submitted that the prosecution has failed to prove its case beyond reasonable doubt. He submitted that learned Sessions Judge ought to have appreciated that the evidence on record clearly establishes that the deceased had committed suicide. The Forensic Science Laboratory Report (Ex-P6) is a pointer to this. It is also clear that the deceased had consumed poison first and had suffered head injury because of the fall sustained by her due to consumption of poison. Counsel pointed out that the suicide note (Ex-P1) supports the case of the accused that the deceased committed suicide. Counsel submitted that the evidence of PW-3 Ponnusamy has rightly been rejected by the trial court and the High Court and that has made the prosecution case suspect. Counsel submitted that it is the accused, who took the deceased to the hospital. The conduct of the accused belies the prosecution case. According to the counsel, since the prosecution has failed to prove its case beyond reasonable doubt, the conviction of the accused deserves to be set aside. Counsel submitted that in any case the involvement of A2-Pappathi, the sister, who is a widow, is not proved at all. Besides, she could not have been convicted under Section 302 read with Section 109 of the IPC in the absence of a charge being framed under Section 109 of the IPC. In support of this submission, counsel relied on the judgment of this Court in Wakil Yadav & Anr. v. State of Bihar, 2000 10 SCC 500. Shri M. Yogesh Khanna, learned counsel for the State submitted that the impugned judgment deserves no interference.