CHAKRAVARTHY Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE short facts of the prosecution case are as follows:- The first accused's daughter viz., Mayil @ Bhuvaneswari, who hails from Udayyar Community and the deceased namely, Chinnakannu @ Sekar, who hails from Vanniyar Community, developed a love affair towards one another. Under the circumstances, the first accused had arranged a prospective bridegroom for his daughter. But she was not willing to marry the proposed bridegroom. Thereafter, the lovers had decided to move out of their native place and decided to marry each other in a secret place. Accordingly, the deceased had arranged a car bearing Registration No.TSP 2235 for transporting them to Ooty, to the place of the relative of the deceased. Knowing the same, all the 11 accused went to Ooty, by two cars, on 24.10.2002, and separated the first accused's daughter from the (deceased) Sekar. The accused 4, 6 and 7 had assaulted the (deceased) with their hands. The other accused put the (deceased) into the car and beat him. The accused 1 and 2 told the deceased that he is not fit to live after committing such a shameful act, after developing good friendship with their family. Thereafter, an arbitration was conducted in the presence of the relatives of the deceased and the lovers were separated. All the accused took the daughter of the first accused to his place. The deceased was left at Ooty. The deceased became frustrated due to separation of his lover and also by the abusive threats given by the accused. Therefore, the deceased decided to commit suicide. So, he came to Mullukurichi Village and bought pesticide and drank it. Subsequently, he died due to consumption of poison. Hence, the case was registered against the accused 1 to 11, for the offence under Sections147, 323, 306 r/w 149 of I.P.C.

(2.) ON the side of the prosecution, 29 witnesses were examined and 12 documents were marked and 2 material objects were produced. On the side of the defence, no witness, no documentary evidence. The prosecution side exhibits are as follows:-

(3.) P .W.23, Medical Officer, Doctor, Vallinayagam, conducted postmortem, and he had adduced evidence that the deceased had sustained injuries on his head, right ear, left side neck, lower jaw, lacerated wounds on his left forearm. The doctor further opined that the deceased might have expired after consuming pesticide. The chemical analysis report was marked as Ex.P4. The doctor had also issued a medical certificate, which was marked as Ex.P3.