THAHIRA BHIVI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners herein are mother and daughter. They are the second and third accused in the criminal case P.R.C.No.26 of 2019 pending before the Judicial Magistrate, Vanur, Villupuram District. They both are charged for offences punishable under Ss. 452, 498 A, 323,355 and 306 I.P.C. in connection with the suicidal death of one Shameen Munisha the paramour of Mohammed Mansour, who is the first accused in this case.

(2.) The case of the prosecution, based on the evidence collected is, that the deceased Shameed Munisha a married lady living as a paramour to Mohammed Mansour for more than 5 years, after her husband left to abroad. She had two children born through her husband and a female baby through her paramour. On 07/11/2007 at about 18.00 hours, she committed suicide by hanging in the house, where she was living with Mohammed Mansour. On the complaint given by the mother of the deceased, FIR came to be registered on the same day at 23.30 hrs naming Mohammed Mansour as first accused, his mother the first petitioner and his sister the second petitioner as second and third accused respectively.

(3.) The overt act attributed against them to attract prosecution was that the first accused often used to come home in drunken state and torture the deceased to desert her two children born through her husband and also to sell the properties in her name and give the proceeds. Mohammed Mansour along with his mother and sister used to pressurise her to part away the money. Unbearable of the torture, the deceased sold one of her two properties and gave the sale proceeds to the first accused who in turn given it to the third accused, his sister for constructing a house. The deceased refused to part away the other property and also started demanding back her money. Infuriated by this, all the three accused began to leach violence on the deceased. Five days prior to her suicide, she called her brother Azeez and informed about the cruelty she is facing.