RAMARAJAN AND OTHER Vs. STATE AND OTHER

JUDGEMENT

(1.) The prayer sought for in this petition is to call for the entire records pertaining to C.C.No.11 of 2018, on the file of the learned Judicial Magistrate-II, Tindivanam and to quash the same as illegal.

(2.) The case of the prosecution is that the betrothal of Ramarajan (A1) and Kavitha was held on 12.04.2017. At the time of betrothal, the bride's party agreed to give 30 sovereign of gold, cash of Rs. 1 lakh and household articles. Betrothal was conducted in Suseela marriage hall on 12.04.2017 in a grand manner. The marriage was fixed on 01.06.2017, at Mailam Murugan Temple. While so, on 06.06.2017, Kavitha consumed rat poison and was admitted to the hospital. While she was at the hospital under treatment, information was sent to the Police and her statement was recorded on 08.06.2017. Based on her statement, the respondent police registered a case in Crime No.387 of 2017 on 08.06.2017 under Section 309 IPC as against Kavitha for attempting to commit suicide.

(3.) However, during the course of investigation, it came to light that Ramarajan (A1) and his family members started demanding 40 sovereign of gold and Rs. 9 lakhs as dowry and therefore out of frustration, Kavitha attempted to end her life by consuming rat poison. The police filed an alteration report altering the offence from one under Section 309 IPC to offences under Sections 420, 354A, 506(i) IPC, section 4 of Dowry Prohibition Act and under Section 4 of Tamil Nadu Prohibition of Woman Harassment Act and arrested Ramarajan(A1) and his brother Dhayalan.