DEVARASU Vs. STATE

JUDGEMENT

(1.) The petitioners herein are the proposed accused, who are all at the instance of the second respondent/PW 1 directed to be arrayed as additional accused 6 to 11 in S.C. No. 24/2012 pending on the file of the Sessions Court, Cuddalore. The Sessions Case in S.C. No. 24/2012 arises from the first information preferred by the second respondent/defacto complainant. The complaint was preferred by the second respondent against the original accused and newly added accused 6 to 11 and the same was registered in Mangalampettai Police Station Cr. No. 157/2009 on 24.9.2009 for the offences under Sections 147, 294(b) and 306 IPC for the suicide committed by his daughter by name Manimala.

(2.) The allegations raised in the complaint are that on 22.7.2009 one Prem kumar, who is arrayed as proposed accused 7 in the FIR wrongly restrained Manimala, while she was returning back from her school and tied thali around her neck and the same was intimated to the police by way of complaint by the daughter and the accused family started wordy quarrel with the complainant family and in continuation of the same occurrence, all the 11 accused jointly came and assembled in front of the house of the complainant and started at shouting in filthy language and Manimala out of frustration and humiliation, consumed poison at 10.30 a.m. and she died at 1.15 p.m.

(3.) On registration of the complaint, investigation was commenced and in the course of investigation, statement was obtained from the defacto complainant and Others and after completion of the investigation, final report was filed against (i) Prem Kumar (ii) Dhanapal (iii) Kolanjinathan (iv) Jayaraman and (v) Devaki, who are the proposed accused 7, 1, 2, 8 and 11 in the FIR. The Final report proceeds as if all the five accused joined together and used filthy language against the defacto complainant by name Arumugam and his daughter Manimala and other family members, due to which, Manimala was driven to commit suicide by consuming poison. The Final report was filed against 5 accused for the offences under sections 147, 341, 496, 294(b) and 306 IPC in respect of A1 and under Sections 147, 294(b) and 306 in respect of A2, A3, A4 and A5 and also under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 1998.