VELLAIYANGIRI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant/accused, challenging the order of conviction and sentence dated 30.12.2015, passed by the District and Sessions Judge, Mahila Court (Mahila Fast Track Court), Erode, in S.C.No.121 of 2015.

(2.) It is the case of the prosecution that the deceased Durgadevi @ Shanmugapriya got married to the appellant and within four years of marriage, she committed suicide by hanging on 09.11.2014 between 06.00 a.m. and 09.30 a.m. in her matrimonial home; the appellant had inflicted cruelty on her and had abetted her suicide; the appellant, who had gone for work in the morning, received information from Nandhini Devi (P.W.5) that the door of his house was locked from inside and there was no response from his wife (deceased); therefore, the appellant rushed to his house and banged the door, but to no avail; he, along with this neighbours, entered into the house through the rear side and in the bed room, he found his wife hanging; the body was lowered and was immediately carried to Kalidass Hospital, Kavundhapadi, where, the doctor who examined her declared 'brought dead'; therefore, the appellant brought back his wife's body home and gave intimation to his parents-in-law.

(3.) On the written complaint (Ex.P1) lodged by Tamilselvan (P.W.1), Thilagavathi (P.W.11), Sub-Inspector of Police, Siruvalur Police Station, registered a case in Crime No.279 of 2014 under Section 174 Cr.P.C. on 09.11.2014 at 12.30 noon and prepared the printed FIR (Ex.P16), which reached the jurisdictional Magistrate only at 02.30 p.m. on the same day, as could be seen from the endorsement thereon. Since the suicide was within seven years of marriage, investigation of the case was taken over by Mr.Murugan (P.W.14), Deputy Superintendent of Police, Gobichettipalayam, who went to the place of occurrence and found that the body was already lowered and prepared the observation mahazar (Ex.P18) and rough sketch (Ex.P19). In the place of occurrence, he saw a duppattah (M.O.1), that was used by the deceased for committing suicide and seized it under the cover of mahazar (Ex.P3) in the presence of witnesses Balusamy and Balamurugan (P.W.6). On the requisition of the Investigating Officer, Krishnan Unni (P.W.7), Sub Collector, Gobichettipalayam, conducted inquest over the body of the deceased and gave inquest reports (Exs.P4 and P9). In the inquest proceedings, he examined the parents of the deceased, the appellant and his parents. Some neighbours were also enquired. In his evidence as well as in the inquest report (Ex.P9), he has opined that the death of the deceased Shanmugapriya was not due to dowry harassment.