VEERALAKSHMI Vs. INSPECTOR OF POLICE K.PUDHUR

JUDGEMENT

(1.) Veeralakshmi (A1) got married to Balasubramanian (deceased) on 13.12.2007 and after marriage, they lived together for about four months in the matrimonial home. Veeralakshmi conceived and so, she went to her natal home for delivery. A girl child was born to her on 07.10.2008 and after that, she refused to join her husband Balasubramanian. Balasubramanian made several attempts, through mediators, to make Veeralakshmi join him, but to no avail. According to Balasubramanian, Veeralakshmi has a very sharp tongue and she caused hurt to him several times by stinging words. Therefore, on 28.02.2009, he attempted to commit suicide by consuming sleeping pills mixed in kerosene oil. However, his relatives, who came to know of it, took him to the hospital and saved his life. After recovery, Balasubramanian filed H.M.O.P.No.283 of 2009, before the Family Court, Madurai, for divorce on the ground of cruelty.

(2.) It appears that Balasubramanian was working as Junior Assistant in the Ex-Servicemen Welfare Board and for some reasons, which were not known to either the prosecution or the defence, he was suspended from service. While that being so, Balasubramanian wrote a suicide note dated 20.08.2009 and sent copies of it to the Commissioner of Police, Madurai, his employer and his grandmother and kept one copy of it in his pocket. On the same day, he consumed Endosulfan and came to Veeralakshmi's house about 10.30 p.m. and fell down. Seeing his condition, Balan (A2), father of Veeralakshmi, called 108 Ambulance and took him to the Government Rajaji Hospital, Madurai, where he was admitted as inpatient. However, he died on the next day. On the complaint lodged by Rajalakshmi, grandmother of Balasubramanian, the Police registered a case in Crime No. 972 of 2009, on 21.08.2009, under Section 174 Cr.P.C. After performing postmortem and recording statements of witnesses, the case was altered to one under Section 306 I.P.C. The postmortem report shows that Balasubramanian had consumed Endosulfan, which had caused his death. After completing the investigation, the Police have filed charge sheet in P.R.C.No.13 of 2014, before the learned Judicial Magistrate No.VI, Madurai, against Veeralakshmi (A1 - wife of the deceased), Balan (A2 - father of Veeralakshmi), Sundari (A3 - Mother of Veeralakshmi) and Elangovan (A4 - brother of Veeralakshmi), for the offence punishable under Section 306 I.P.C., challenging which, this quash application has been filed.

(3.) Heard the learned counsel on either side.