SRINIVASAN Vs. STATE

JUDGEMENT

(1.) The appellant herein is the husband of deceased Mageshwari. They got married in the year 2006 and had two female children by name Harini (3 years old) and Hasini (6 months old). On 30/10/2010, Mageshwari doused herself with kerosene and set fire to herself. Her 6 months old daughter Hasini, who was near her also caught in fire, both died.

(2.) Next day, on 31/10/2010, at about 2.00 p.m, Chandrapal, the father of the deceased informed the police about the incident. He alleged that, a month before the occurrence when he and his wife came to see their daughter, she complaint about her husband Srinivasan that, he is having illicit relationship with several women and not taking care of her and their children. He stay away from the home for several days. A month prior to the incident, they heard Srinivasan has set up a house for one Radha, daughter of Neelaperumal and living with her. When they reported about the behaviour of Srinivasan to his parents, they supported him and retarded saying, he as a male will marry 1000 ladies. Nobody should blame his conduct. When this matter was reported to Palladam Police, they called Srinivasan and warned him to desist from such behaviour. On 30/10/2010, at about 11.00 p.m, he received a call from her daughter's house informing that his daughter Mageshwari and grand daughter Hasini caught fire and died.

(3.) For the above said incident, First Information Report registered in Crime No.2360/2010 under Sec. 174 Cr.P.C. Thereafter, the Deputy Superintendent of Police, Palladam, took up the investigation and visited the scene of occurrence at 17.00 hrs. He prepared the observation mahazar, rough sketch and recovery mahazar in the presence of local witnesses. Since the unnatural death of Mageshwari occurred within 7 years of her marriage, enquiry by RDO was arranged. Her body was sent to post-mortem along with requisition letter. Therefore, F.I.R was altered from 174 Cr.P.C to Ss. 306, 498-A and 302 I.P.C. After completion of the investigation, final report filed before the Judicial Magistrate-II, Tiruppur and taken on file as P.R.C.No.13/2012. After furnishing copies to the accused, the final report copy and the documents relied by the prosecution, committed the case to Sessions Court for trial.