NARAYANASWAMY Vs. SHANKAR

JUDGEMENT

(1.) THIS Revision Case has been filed by the de facto complainant/p. W. 1 against the Judgment of the learned Fast Track Judge, kanchipuram in S. C. No. 195 of 2002 dated 7. 4. 2003, as per which respondents/accused Nos. 1 to 9 were acquitted in respect of charges framed under sections 498a and 306 IPC.

(2.) THE case of the prosecution before the trial court is that the deceased Kanagavalli, daughter of P. W. 1 married the first accused in tirupathi, without informing their parents and relatives and subsequently registered their marriage before the Sub Registrar, Uthiramerur and the marriage was the love marriage. After marriage, the deceased was living with her husband/accused no. 1 along with the relatives accused Nos. 2 to 9. THE deceased was threatened that she should not have any connection with her parents and she should not see them also. First accused also joined with A2 to A9 and used to insult the deceased showing the poverty of her parents and also demanded dowry. THEy also used to beat the deceased with broom stick and hands and also used to spit on her face. THEy caused cruelty by scolding her in abusive manner and the deceased unable to bear with the harassment caused, committed suicide on 13. 8. 2000 in a neem tree situated behind the house of her husband by hanging herself with her sari.

(3.) THE learned Senior counsel for the Revision Petitioner argued that the acquittal of the accused without examining and considering the evidence let in through P. Ws. 1 & 2, who are the father and mother of the deceased, about the torture, ill-treatment and assault caused by accused Nos. 1 to 9, the judgment of acquittal is not proper. It is further submitted that the cruelty and harassment caused to the deceased by accused Nos. 1 to 9 has also not been properly considered by the trial court. In this way, he further submitted that after love marriage with accused No. 1, the deceased was living in her matrimonial house and the said occurrence happened on 13. 8. 2000, after delivering a child by the deceased. She committed suicide by hanging herself in the neem tree in the open space situated backside of her matrimonial house. It is further argued that P. Ws. 1, 2 and 3 have spoken to the cruelty and harassment caused to the deceased by A1 to A9 and the same has not been properly considered by the trial Court. THE evidence of P. W. 4, who is the younger brother's son of P. W. 1 who speaks about the cruelty caused to the deceased by A1 to A9, has also not been properly considered by the trial Court. THE learned Senior Counsel also argued that the report of the Revenue divisional Officer also speaks to the effect that it is the case of dowry harassment. So, it is submitted that in view of the torture, harassment and assault caused on many occasions, the deceased has committed suicide.