VETRISELVAM Vs. STATE, REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This revision is directed against the order of conviction and sentence passed by the learned Sessions Judge, East Thanjavur at Nagapattinam in Criminal Appeal No. 8 of 1991 confirming the order of conviction of the learned Assistant Sessions Judge, Nagapattinam, for the offence under Sec. 306 Indian Penal Code to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200.00.

(2.) The prosecution case is that the revision petitioner herein harassed his wife Prema demanding cash and jewels to be brought from her parents' house on account of which she committed suicide by hanging on 10-10-1989. The prosecution examined 8 witnesses and P. Ws. land 3, who are the brother and mother of the deceased Prema, alone have spoken about the harassment by the Revision petitioner, demanding cash and articles from his wife. Both the Courts below have accepted the evidence of P. Ws. 1 and 2 to conclude that the prosecution case is true.

(3.) The learned counsel for the petitioner submitted that the lower Court has invoked Sec. 113-A of the Evidence Act to draw an inference against the revision petitioner that he subjected the deceased to cruelty driving her to commit suicide, but in this case Sec. 113-A of the Evidence Act cannot be invoked for the reason that it is applicable only if the death by suicide had occurred within 7 years after the marriage but the deceased Prema was married more than 7 years prior to her death and hence the lower Court is not justified in drawing the adverse inference against the revision petitioner. Both in the evidence and also in the complaint Ex. P. 2 given by P. W. 1, he has stated that 7 years before the occurrence, deceased Prema was married to the accused. Therefore, the learned Government Advocate also would concede that Sec. 113-A of the Evidence Act cannot be invoked in this case.