JAYANTHI Vs. STATE

JUDGEMENT

(1.) The Petitioner, who was added as Accused in S.C. No.93 of 2022 by the Trial Court by Order, dtd. 1/8/2024, filed this Revision Petition.

(2.) The case of the Prosecution is that on 8/7/2020 the Petitioner as De facto Complainant lodged a Complaint to the Respondent-Police stating that her daughter, namely, Sentharagai got married to one Yuvaraj on 24/5/2020. After their marriage, they lead a smooth Matrimonial life. On 8/7/2020 at about 1.00 p.m., after finishing the work, the De facto Complainant came back to the house and started cooking, at that time, her daughter went to the bathroom to take bath. Since she had not come out for more than 30 minutes and the Petitioner's husband, Accused in this case, returned from work and wanted to use the bathroom, the De facto Complainant knocked the door but no response. Thereafter, the De facto Complainant and her husband went around the house and peeped through the window, saw their daughter lying in the floor. Hence, they forcibly broke opened the door, found their daughter motionless and taken all steps to revive her, later she was confirmed dead. The Respondent-Police was informed about the death and a case in Crime No.1315 of 2020, dtd. 8/7/2020 under Sec. 174(3), Cr.P.C. registered. Thereafter, the body was sent for Post-mortem, found some external injuries and the Petitioner's husband was suspected, he was arrested, who gave a confession admitting the guilt. On conclusion of investigation, Charge-sheet filed listing LW1 to LW25 and the Trial Court took the case on file as S.C. No.93 of 2022 and 18 Witnesses examined including the Petitioner as PW1, the trial progressed substantially, at that stage, the Trial Court invoking Sec. 319, Cr.P.C. arrayed the Petitioner as Accused and issued Non-Bailable Warrant. Against which, the present Revision Petition is filed.

(3.) The contention of the learned Counsel for the Petitioner is that the deceased Sentharagai, Petitioner's elder daughter got married to one Yuvaraj on 24/5/2020. The Petitioner examined as PW1 narrated that her daughter when staying with her on 8/7/2020 went to take bath by locking bedroom, for long time she had not came out when tapped the door, to find out the reason for not responding to the call, peeped through the window, found her daughter on the floor motionless, broke open the door, called the Doctor for help but not available and took steps to revive her. The Lab Technician Vinayagam/PW10 came there, checked the pulse, confirmed her daughter was dead. Thereafter, on informing the family members about the death, preparations were made for cremation. The Respondent-Police on getting information came to the Petitioner's house, received a Complaint/Ex.P1 from PW1. PW2 is the sister-in-law of PW1, who is also residing in the same building. PW3, second daughter of PW1, PW4, daughter of PW2, PW5, father-in-law of PW1, PW6, mother-in-law of PW1, all these Witnesses not supported the case of the prosecution, confirmed the Petitioner's daughter went for bath by locking the bedroom, later was found dead inside the bathroom, door broke open. The reason for her daughter's death was due to slip and fall in the bathroom.