SELVAM Vs. STATE

JUDGEMENT

(1.) This is a case of suicidal death of the woman within 7 years of her marriage. The accused Selvam, S/o Govindan and the deceased Sivasathya, D/o Elumalai are relatives by blood. In the month of October, 2012, they both eloped to Guntur at Andrapradesh and got married in a temple. To celebrate Pongal Festival, they returned to Kottaimedu, Surapalli Village during the month of January, 2013 and stayed back in the village. On 30th March at about 10.00 am, the accused told the deceased to serve food for his maternal Grand Mother (she is also the Paternal Grand Mother of the deceased). The deceased delayed to serve the food. Infuriated by the delay, the appellant quarrelled with the deceased and left the home saying, "if she is not ready to serve food to his grand mother and live as per his wish, she may die". The deceased got hurt mentally and at about 13.00 hours hanged herself to the roof inside the house and died.

(2.) Elumalai, the father of deceased Sivasathya, on 30/03/2013 at 20.00 hrs gave complaint to the police suspecting foul in his daughter's death. Based on his complaint, case under Sec. 174(3) Cr.P.C was registered and investigated. The charges were altered to Ss. 498A and 306 IPC and final report filed before the Judicial Magistrate, II, Mettur. On committal to the Mahila Court, Salem, charges under Ss. 498 A and 306 of IPC were framed and the accused was tried.

(3.) To prove the charges, the prosecution examined 13 witnesses. Marked 15 documents and 1 Material Object. On the side of the defence, Selvam, S/o Anandhan examined. The trial Court, considering the evidence, held the accused guilty of offences under Ss. 498 A and 306 IPC. The Court below convicted and sentenced him to undergo 3 years RI and fine of Rs.1000.00, in default, to undergo 3 months SI for offence under Sec. 498 A IPC; and to undergo 10 years RI and fine of Rs.2000.00, in default, to undergo 6 months SI for the offence under Sec. 306 IPC.