EKAMBARAM Vs. VETHACHATTM, SELVI,

JUDGEMENT

(1.) EKAMBARAM , Petitioner herein is the father of deceased Prema. He was examined as P.W. 11 in Sessions case No. 202 of 1990, on the file of the Principal Asst. Sessions Judge Chengalpattu P.W. 11 has another daughter elder to the deceased and she is Mrs. Kumari, examined as P.W.4 The first Respondent Vedachalam is the husband of deceased Prema, he having married her on 16 -10 -1988. Second Respondent Selvi is the sister of first Respondent and third Respondent Janaki is the mother of Respondents 1 and 2. Respondents 1 to 3 were charged under Section 498A, I.P.C. and under Section 306, I.P.C. in the aforesaid stated session's case. They were so charged because, on 14 -5 -1990 at or about 9.50 a.m. deceased Prema allegedly committed suicide as a consequence of cruelty inflicted on her by these three Respondents. She allegedly poured kerosene over herself and set herself ablaze by using a match stick at her residence in Chengalpattu at 9.50 a.m. on 14.5.1990 and ultimately breathed her last at 10.45 a.m. on 15.5.90 at Government Medical College Hospital Chengalpattu. On conclusion of trial during the course of which 12 witnesses were examined by the prosecution and Exs.P -1 to P -14 were marked apart from production of material objects 1 to 5 Learned trial judge, on the basis of his assessment of evidence found that the prosecution had not established the guilt of Respondents 1 to 3 beyond reasonable doubt and in that view directed their acquittal. The judgment of the learned trial judge will further indicate mat he was not satisfied with Ex.P.2 the dying declaration recorded from the deceased by P.W.1 Natarajan then judicial Magistrate No. 1 Chengalpattu. He has assigned some reasons for the same. Learned trial Judge has further commented upon the long delay in setting the law in motion which obviously was done only after the death of the deceased. In other words the first information report was registered admittedly 26 hours after crime commission.

(2.) NEEDLESS to state that this prosecution was initiated on a final report laid by the 4th Respondent, Inspector of Police, Chengalpattu Town Police station on the basis of Ex.P.2 Dying Declaration recorded by the Magistrate which was obtained by the investigating officer and made the foundation of this prosecution.

(3.) FACTS in brief may have to be stated to appreciate to the contentions urged by counsel on either side. The death of the deceased does appear gruesome but the cause for such death may have to be audited with great care. It must be further assessed to find out if the evidence brought on record would show cruelty contemplated under Explanation to Section 498 -A I.P.C. This cruelty, if established, will have and link with Section 306 I.P.C. to consider about the role of Respondents to in having abetted commission of suicide by Prema.