DURAISAMY Vs. GNANASEKARAN

JUDGEMENT

(1.) The first Respondent herein was acquitted by the learned I Additional Sessions Judge, Erode, in S.C. No. 68 of 2007, from the charges under Sections 498-A, 302, 201 and 203 of IPC. Challenging the said acquittal, the Petitioner herein, father of the deceased who was examined as P.W. 1 in this case has preferred this criminal revision.

(2.) The case of the prosecution in brief is that the deceased Kalaiselvi is the daughter of P.W.1 and sister of P.W.2. About 14 years prior to the death of the deceased, the marriage of Kalaiselvi was performed with the accused who was working as a police constable. After the marriage, the deceased also gave birth to two female children. Ten years after the marriage, the accused developed a habit of consuming liquor and started to harass the deceased. The accused used to assault the deceased and one such time, her tooth was broken. Both the accused and the deceased was staying in the police quarters at Perundurai. P.Ws.4 and 5 are the neighbours who were also staying in the police quarters. On 29.06.2006, at about 8.00 a.m., P.Ws.3 and 4 were taking water from the public water tank. The deceased also came to take water from the tank. Then the accused came out of the house in an angry mood saying "that he would come and see the deceased". As P.Ws.3 and 4 already heard the noise inside the house, they enquired the deceased and the deceased informed that the accused was quarrelling with her. At about 10.45 a.m., P.W.2 brother of the deceased came to her house. The deceased informed P.W.2 that he was assaulted by her husband - accused. P.W.2 thereafter went and informed about this to his father P.W.1. At about 12.30 p.m., the accused returned to his house. Then on hearing noise, P.W.4 and others went to the house of the accused and they were informed by the accused that his wife had committee suicide by hanging. P.W.4 and others went and saw the body of the deceased on the floor. P.W.3 who came to the house of the deceased informed P.W.1 over the phone about the death of the deceased. P.W.1 came to the house of the accused. P.W. 1 saw a contusion on the right hand of the deceased and another injury on the left side of the head and also saw blood oozing out from the ear. The food materials were strewn around the kitchen. He found the cooker was filled cooked rice. He also saw broken pieces of glass bangles around the place of occurrence. He went to the police station and gave complaint Ex.P. 1. P.W.24, Inspector of Police on receipt of the complaint Ex.P.1, registered a case in Crime No. 391 of 2006, for the offence under Section 498-A and 306 IPC and prepared the First Information Report Ex.P.25.

(3.) P.W.27, Inspector of Police took up the investigation and went to the scene of occurrence and prepared the observation mahazar and rough sketch. He also recovered a Torn nylon saree which was lying in the floor and other portion of saree which was hanging from the roof. He held inquest over the body of the deceased and recorded the statement of witnesses and prepared the inquest report Ex.P.13. Then he sent the body for post mortem examination. On the same day at 9.00 p.m., he arrested the accused who was standing in the bus stand and sent him to the hospital for medical treatment and for getting the drunkenness certificate.