MALAICHAMY & ANR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The judgment dated 23.09.2008 passed by the Madurai Bench of the Madras High Court in Crl.A.No.884 of 2001 confirming the judgment dated 29.08.2001, passed in S.C.No.250 of 2000 by the First Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Madurai is called in question in this appeal by Accused Nos.1 and 2. It is relevant to mention here that Accused No.3 was a juvenile and was dealt with by a different forum under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(3.) The case of the prosecution in brief is that the deceased, Harish Kumar, is the son of P.W.1 Velusamy and at the time of the offence Velusamy was a member of the Tamil Nadu Legislative Assembly. Accused Nos.1 and 2 are distantly related to P.W.1. One Mr. Pattai Muniasamy, the paternal uncle of Accused Nos.1 and 2, had given a sum of Rs.13,00,000/- (Rupees thirteen lakhs only) to P.W.1 for safe custody, which he got back in instalments. There was a relationship between Mohankumar (the son of Pattai Muniasamy) and one Kalaiselvi, who is the daughter of P.W.1's cousin Kannuchamy (P.W.12). Though attempts were made to get them married, Mohankumar's family refused the proposal. P.W.1 was requested by the father of Kalaiselvi to intervene and settle the matter and hence P.W.1 intervened and attempted settlement, but the same proved to be a futile exercise. In that regard, Kalaiselvi had lodged a complaint against Mohankumar under Section 417 of the Indian Penal Code (for short 'the IPC')and Section 4 of the Dowry Prohibition Act.