KUMAR Vs. RAMESH

JUDGEMENT

(1.) P. W. 1 is the mother of the victim girl Samundeswari. According to her, her daughter samundeswari was given in marriage to her brother some 10 years prior to the date of occurrence and that the deceased was also living with her at Korukupet at the time of occurrence. She had seen the victim girl only in the hospital after the occurrence. According to her, the accused and one Valli have admitted the victim girl in the hospital. When she enquired about the occurrence with her sister's daughter Bhuvaneswari, she had informed that Samundeswari with a bucket of water entered into the bath room, but she locked the door from inside and a little later the door was broke open by Ramesh and the victim was taken by Ramesh to the hospital and that she preferred Ex. P. 1-complaint and in order to get the body of the deceased she informed the police that only due the stomach pain she had committed suicide by consuming poison. She has further deposed that from Bhuvaneswari she came to know that the accused used to misbehave with the deceased Samundeswari before the date of occurrence. She has further deposed that her brother was arrested by the police and he was kept in the lock up for two days, thereafter only the accused was arrested.

(2.) P. W. 2-Bhuvanesawari is the cousin sister of the deceased Samundeswari. She would depose that the marriage between Samundeswari and the maternal uncle of P. W. 2 viz. Kumar took place some 10 years prior to the date of occurrence and she has been blessed with one boy and one girl and that her sister Samundeswari was residing at door No. 360, which belongs to her grand-mother. According to her, the accused is residing at door No. 359 and he is a bachelor and that he is addicted to drinks and used to misbehave with the deceased samundeswari and on the date of occurrence, the accused Ramesh had consumed liquor and while he was siting on the stairs Samundeswari came there carrying a pot of water, to whom the accused had requested not to go to Aynavaram and if she goes to Aynavaram he will make a complaint to her husband and put her into shame. Thereafter the deceased Samundeswari went to a shop and purchased'fair and lovely'cream and Samundeswari has not divulged the same to her husband since he is suffering from epileptic fits. Thereafter her sister Samundeswari entered the house crying and after placing the'fair and lovely'cream on the tv went inside the bath room and bolted the door from inside. Even after a lapse of 15 minutes she did not open the door and on hearing the distress call made by her, the accused Ramesh came there and broke open the door of the bath room and carried her sister Samundeswari on his shoulder and took her to the hospital and one Valli also accompanied Ramesh to the hospital. Later she heard that Samundeswari is dead. In order to get the corpse of the deceased she informed the police that her sister Samundeswari died due to stomach pain. Ramesh-accused also attended the funeral of the deceased. Two days thereafter samundeswari's husband bet her (P. W. 2), which made her to reveal that only due to the behaviour of the accused, the deceased had committed suicide and that she along with the husband of Samundeswari went to the police station and preferred the complaint on 23. 4. 2003.

(3.) P. W. 7 is the Inspector of Police, who had conducted the investigation in this case. He had examined the father of P. W. 2 viz. Shanmugam and on the basis of the statement made by Shanmugam he had altered the FIR from section 174 of Cr. P. C. to Section 306 IPC and Ex. P. 8 is the report. He has examined the witnesses and recorded their statements. He had arrested the accused on 23. 4. 2003 at 13. 30 hours and produced him before the Judicial magistrate for judicial custody.