KARTHIK Vs. STATE

JUDGEMENT

(1.) The appellants/accused in S.C.No.113 of 2016 on the file of the learned Sessions Judge [Mahila Fast Track Court], Erode were convicted by judgment dtd. 26/12/2016 for the offence under Sec. 306 IPC and sentenced them to undergo ten years rigorous imprisonment and to pay a fine of Rs.10,000.00, in default to undergo two years simple imprisonment. Against which, the present appeal is filed.

(2.) In the Trial Court, P.W.1 to P.W.13 examined, Ex.P1 to Ex.P4 and M.O.1 marked. On the side of the accused, no witnesses examined and no documents marked.

(3.) The gist of the case is that one Manimozhi, daughter of P.W.1 and P.W.2 committed suicide by hanging on 23/2/2013 in her house at Veerappanchathiram, Kothukarar Street, Erode. The appellants are the close relatives, the appellants 2 and 3 are uncle and aunt, the first appellant, their son is the customary groom of the deceased. The first appellant was working in Coimbatore and his parents were in Erode. Since they did not have any bank account for any transaction the bank account of the deceased would be used. The appellants 2 and 3 pledged some jewels in her bank account and received money. Further by their relationship they were very close and the deceased was visiting the house of the appellants regularly. There was some dispute with regard to the money transaction, for which P.W.6/brother of the first accused lodged a complaint with the Erode North Police Station, C.S.R.No.568 of 2012 was assigned and enquiry was held on 24/11/2012. Thereafter, the deceased refrained herself from visiting the appellants' house. The appellants insisted her to visit them, make the balance payment or redeem two sovereigns of jewels and hand over to them. The deceased who was running a Share Consultancy, due to the aforesaid police complaint her reputation and respect in the Society gone down and she felt ashamed. Unable to bear any further, on 23/2/2013 when nobody was at home she committed suicide by hanging using her dupatta. P.W.2/mother of the victim after going to Uzhavarsandhai, came back found her daughter hanging and cried for help. In the meanwhile, P.W.1/father of the deceased was informed who came there along with his second wife/P.W.3, brought the deceased down and thereafter, lodged a complaint to P.W.11, who received the complaint registered FIR/Ex.P9 in Crime No.119 of 2013. Thereafter, P.W.12 took up investigation, visited the scene of occurrence, prepared observation mahazar/Ex.P3, rough sketch/Ex.P10 and conducted inquest. He seized Ex.P2/suicide note left in the scene of occurrence by Ex.P4/Seizure Mahazar. The body was sent for conducting Postmortem. P.W.8/Postmortem Doctor conducted postmortem, gave his report Ex.P6 and final opinion/Ex.P7 stating that the deceased died due to hanging. Ex.P12/the admitted writings of the deceased was collected, sent to handwriting expert and in the meanwhile, sec. was altered by alteration report/Ex.P13. P.W.12 on his transfer handed over the investigation to P.W.13, who conducted further investigation and thereafter filed charge sheet in this case. The Trial Court on the evidence of the witnesses and materials produced convicted the appellants as stated above. Against which, the present appeal is filed.