K. SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) Dhanabakkiyam, wife of the appellant died on 03/05/2013 in the Coimbatore Government Medical College Hospital after 5 days of treatment. The case of the prosecution is that, she was subjected to cruelty by her husband demanding dowry. He forced her to sell the land settled by her parents in her name and bring money. Further, her husband had illicit extra marital affair with one married lady by name Revathi, which caused mental torture to her. In addition, when she invited her husband to join her for the temple festival, he refused to go along with her. So, she was mentally depressed. Hence, after leaving a suicide note indicating her husband as the reason for her death, she consumed pesticide on 28/04/2013.

(2.) Two days later, on 30/4/2013, on the information given by the mother of Dhanabakkiyam that she suspect her daughter has taken the extreme decision to end her life, since she was having severe pain during her menstrual cycle a case was registered for attempt to commit suicide. On 04/05/2013, Dhanabakkiyam died without responding to the treatment. While in the course of investigation, a suicide note was found in the bedroom indicating the conduct of her husband as reason for her death. Therefore, Sivakumar, the appellant herein, who is the husband of the deceased Dhanabakkiyam was charged for offences under Ss. 498-A and 306 of I.P.C.

(3.) The Trial Court, after considering the oral evidence of P.W-1 to P.W-20 and appreciating documents marked as Ex.P-1 to Ex.P-26, held the prosecution through the handwriting experts had proved Ex.P-5 (suicide note) was written by the deceased. The testimony of the mother, father and sister-in-law of the deceased (P.W-1 to P.W-3) respectively proves that there was harassment by the accused demanding dowry, hence the accused is guilty of offences punishable under Ss. 498-A I.P.C and 306 I.P.C. Also observed that there is no evidence to prove that the accused had illicit intimacy with Revathi.