LAWS(MAD)-2009-12-604

VEERASA Vs. INSPECTOR OF POLICE

Decided On December 16, 2009
VEERASA Appellant
V/S
INSPECTOR OF POLICE, GOMANGALAM POLICE STATION Respondents

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Court of Sessions, (Mahila Court), Coimbatore made in S.C.No.181/2007 whereby the appellants, three in number, stood charged, tried and found guilty under section 4 of the Dowry Prohibition Act and under Sections 498-A, 306 and 304-B IPC and awarded two years rigorous imprisonment, three years rigorous imprisonment, 10 years rigorous imprisonment and life imprisonment each respectively along with fine and default sentences.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further learned counsel, the Sub-Collector has also recorded the statement to the effect that due to mental illness she was taken for medical treatment and it was also spoken to by the witnesses. At the earliest, when the accused was examined by P.W.5, Sub collector, the accused has categorically stated that after the marriage she did not speak to anybody properly and she was keeping calm due to mental illness. Therefore, he took her to the medical person and gave treatment. Even then, she did not recover from the said illness. ADDED further learned counsel, in the instant case, the Court has examined the neighbour, C.W.1 in that regard who has categorically stated to the effect that she had mental depression and due to mental illness, she did not talk with others. All would clearly indicate the fact that though the prosecution was able to prove that the deceased Baby has committed suicide, that was due to mental depression and ill health, for which, the accused/appellants are not liable or answerable, but the trial Court has taken an erroneous view. The prosecution has not proved the case in any manner known to law. Hence, the appellants are entitled for acquittal.