THANGA DURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner seeks to quash the proceedings pending against him in Sessions Case No. 318 of 2003 on the file of the learned Assistant Sessions Judge, periyakulam.

(2.) THE respondent-police filed a case against the petitioner and another person for an offence under S. 306, I. P. C. The case of the prosecution is that the first accused by name Sudha, the wife of the deceased by name Kalyani and Kalyanasundaram, had illicit intimacy with the 2nd accused/the petitioner herein, who is the Postmaster. The illicit intimacy had come to the knowledge of the deceased and the first accused had gone to her parental home. On 24-6-2002, the deceased went to the house of the first accused and called her to his house. A-1 had told the deceased that he was not capable of running a family and no "thaali" was necessary and she further told him that he had spread a wrong news about her and defamed her. She further told that she was not prepared to live with him and only if he dies, she would be able to live. On the same day, in the evening, the deceased went to a-2 and told him that if he intervenes in his family affairs, it would not be proper. Then, the petitioner herein/a-2 had told the deceased, "as you are not able to lead a life with your wife, why should you be alive. " dejected by these words, on the next day, i. e. , 25-6-2002, the deceased consumed poison and was admitted in the hospital and died subsequently.

(3.) THE learned counsel for the petitioner submitted that originally a case was registered under S. 309, I. P. C. on the basis of the statement recorded from the deceased in the hospital and in that statement, the deceased had not implicated the petitioner at all. It was stated by the deceased that only the first accused had gone to her parental home about two months back and as the deceased went and called her, she had refused and further, she had given a complaint in the All Women Police Station against him. Due to that, deciding to put an end to his life, the deceased had consumed poison. Subsequently, the case was altered to one under S. 306, I. P. C. on the basis of a petition given by the brother of the deceased along with suicidal note of the deceased in which it was mentioned that the life of the deceased was spoiled by A-2 and he was responsible for the final decision of the deceased.