MOHAN SHA Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been preferred seeking to grant special leave to prefer an appeal against the judgment and order dated 29.11.2019 passed in S.C. (K) No.5 of 2012 on the file of the Sessions Court (Mahila Court), Chengalpattu.

(2.) The prosecution case is as under: Mohan Sha (P.W.1/de facto complainant/petitioner herein), his wife Rukmani Bai (P.W.2), his son Ganesha (P.W.3), daughter-in-law Gayathri and her daughter deceased Latha, aged 24 years were residing in Kancheepuram. Balaji Sha (accused herein), who was living in Vellore, is the brother of the said Gayathri. Balaji Sha used to come frequently to meet his sister Gayathri and in course of time, he fell in love with Latha. There was exchange of love letters between Balaji Sha and Latha. However, Balaji Sha got betrothed to one Swapna on 12.12.2010. Hence, Latha got dejected and committed suicide in her house on 18.12.2020 by consuming insecticide. Alleging that Balaji Sha had abetted the suicide of Latha by giving her a bottle of poison to drink, he was prosecuted in S.C. (K) No.5 of 2012 in the Mahila Court (Sessions Level), Chengalpattu, for the offence under Section 306 IPC and was acquitted vide judgment and order dated 29.11.2019. Now, Mohan Sha has preferred the present criminal original petition invoking Section 378(4) Cr.P.C. seeking grant of special leave to file an appeal challenging the judgment and order of acquittal.

(3.) Heard the learned counsel for the petitioner, who submitted that the trial Court had failed to appreciate the evidence of Mohan Sha (P.W.1) and Rukmani Bai (P.W.2) that it was Balaji Sha who had given the poison bottle to Latha and had instigated her to commit suicide.