LAWS(SC)-1997-12-77

STATE OF TAMIL NADU S POOSAPPAN COMMISSIONER OF COLLEGIATE EDUCATION Vs. P MUNIAPPAN:P MUNIAPPAN:P MUNIAPPAN

Decided On December 02, 1997
STATE OF TAMIL NADU Appellant
V/S
P.MUNIAPPAN Respondents

JUDGEMENT

(1.) The appeal is by the State Government against the judgment of the High Court of Madras setting aside that of the additional Principal Sessions Judge, Coimbatore and acquitting the respondent of the charges under Sections 302 and 201, IPC. The Special Leave Petition was filed earlier by the brother of the deceased Nagammal against the same judgment of the High Court. After granting permission to the petitioner to file the S.L.P., notice was ordered by this Court in the S.L.P. and later directed to be tagged on to the above appeal.

(2.) The respondent was working as Assistant Professor of Mathematics in Udumalpet College. He married Nagammal on 12-3-76. After marriage, he got transferred to a college in Tiruppur. Nagammal became an Assistant Professor in Vellalar College, Erode. Though the respondent was highly educated, he was insisting on her resigning her job and living with him as house wife. Besides, he along with his parents was making repeated demands for dowry in the shape of household articles. As regards their married life, the High Court has observed thus:

(3.) In the petition for divorce referred to by the High Court in the above passage, the respondent had stated that his wife left his house on 8-7-76 with her father and alleged that on 14-8-76, her father and brothers came to his house along with her and by using force and violence took away with them jewels worth about 351/2 sovereigns after attacking him and his mother. He introduced an innuendo in Para 4 of his petition as follows: