ANANDA SEKARAN Vs. STATE

JUDGEMENT

(1.) THE accused in S.C.No.216 of 1998 on the file of the III Addl. Sessions Judge, Chennai having suffered conviction and sentence impugned the same in this appeal.

(2.) THE accused and the deceased by name Vijayalakshmi were united together by marriage on 29.6.1987. THEy gave birth to children also. After 10 years, i.e. on 17.8.1997 at about 5.00 p.m. Vijayalakshmi committed suicide in the matrimonial home and the attempt by the husband viz., the accused to prevent the same and the further attempt to save her also taking to hospital ended in vain. THE matter was reported by the accused himself, on which basis a case was registered, investigated, which brought to surface on the basis of the examination of witness, that the accused should have abetted the deceased to commit suicide. On that basis, a final report came to be filed directing the accused to face the offence under Section 306 IPC by the respondent police, which was committed to Sessions Court for trial, upon prima facie satisfaction.

(3.) MR. T. Sudanthiram, the learned Senior Counsel appearing for the appellant would submit, (i) that the incident narrated in the final report, is not suicide, whereas in the accidental fire, sustaining injuries, wife succumbed to the same later, for which the husband cannot be blamed (ii) that at the earliest point of time when the matter was reported to the doctor, the facts of accident were reported even by the deceased herself, not properly taken into account, resulting erroneous conviction and (iii) that even assuming it is not an accident, and the deceased committed suicide by pouring kerosene setting ablaze that was not due to the abetment said to have been committed by the accused, since there was no intention and mens rea on the part of the accused to induce or instigate the deceased to commit suicide taking an extreme step to end her life. He would further submit, that unfortunately, the trial Court has not properly considered all the above facts and therefore, the trial Court's judgment, which suffers with the above infirmities should be set aside, setting right the mistake committed by the learned trial Judge.