M. UMA SHANKAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred challenging the judgment of the Mahila Sessions Judge, Chennai dated 20.05.2013 made in S.C.No.294 of 2011.

(2.) The date of suicide of the appellant's wife Manimekalai is 27.01.2008. They got married 6 1/2 years before and were blessed with two children, Harish and Sadhana. The couple were living in the ground floor portion of the house at No.32, MPM Street, Sanjay Nagar, Vyasarpadi, Chennai - 600 039, which belonged to the father of Manimekalai. The parents of Manimekalai were living in the first floor portion in the same house. The appellant was running a printing press in Broadway. While he was away from home on 27.01.2008, Manimekalai doused herself with kerosene and set fire. On hearing her shrieks, her parents, who were in the first floor, rushed down and admitted her to the Kilpauk Medical College Hospital for treatment.

(3.) On intimation, Vijayan (PW15), Sub-Inspector of Police, went to the hospital and recorded the statement (Ex.P1) of Manimekalai in the presence of Dr.R.Gopinath (PW11) in which she has stated that her husband would come drunk and beat her and hence she committed self-immolation. Based on the said statement, the police registered a case in Crime No.27 of 2008 under Section 309 IPC and prepared the printed FIR (Ex.P17). Intimation was sent to the Metropolitan Magistrate for recording her dying declaration and accordingly, Mr.Arunachalam (Metropolitan Magistrate) came to the hospital and recorded the statement of Manimekalai, which was marked as Ex.P15. In that statement, she has not impleaded the appellant and has only stated as follows (Free English Translation):