High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-02-2025CORAMTHE HONOURABLE MR JUSTICE B.PUGALENDHICRL MP(MD) NO. 14147 of 2024 in CRL A(MD)NO.880 of 2024 1.Suresh, S/o Arjunan... Appellant/Accused No.1 2.Arjunan, S/o Vedhamani... Appellant/Accused No.2 VsThe State of Tamil NaduRep by The Deputy Superintendent of Police, Puthukadai Police station, Colachel division, Kanyakumari district. Crime no. 201/2008 ... Respondent/ComplainantFor Petitioners : Mr.F.Deepak, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side) ORDERThis Criminal Miscellaneous Petition is filed by the petitioners /accusedto suspend the sentence imposed as against them by the learned Sessions Judge, FastTrack Mahila Court, Nagercoil Camp, Kanyakumari in SC No.148 of 2009,1/7 https://www.mhc.tn.gov.in/judis dated 09.10.2024. The petitioners are accused nos.1 & 2 / son and father. They havebeen registered with a case in Crime No. 201 of 2008, for the offence under Sections498A and 304B of IPC. The trial Court has found them guilty and sentenced them toundergo rigorous imprisonment of two years each and fine of Rs.1000/- each, indefault, simple imprisonment of six months for the offence under Section 498A andalso sentenced them to undergo rigorous imprisonment of seven years each and fineamount of Rs.1000/- each, in default six months of simple imprisonment for theoffence under Section 304B IPC.2. The learned counsel for the petitioners/appellants submits that the wifeof the first petitioner died by committing suicide and that too, within seven monthsfrom the date of marriage. The prosecution has projected the case that the petitionershave demanded dowry and therefore, the deceased has committed suicide. A dyingdeclaration was recorded and her thumb impression was also obtained in the dyingdeclaration. But the dying declaration is in Malayalam. The prosecution has not takenany steps to translate the same. While so, it is not known as to how the JudicialOfficer has recorded the dying declaration in Malayalam and has obtained her thumbimpression without ascertaining the contents in the dying declaration. 2/7 https://www.mhc.tn.gov.in/judis

3.Learned counsel by referring to the evidence of PW4 / the mother of thevictim, submitted that the parents of the victim have gifted a property at the time ofmarriage. The deceased insisted her husband to arrange a separate family. Therefore,they attempted to sell the property, which was gifted by her parents and only then,they came to know that it was a Government Poromboke land. The victim had anissue with the in-laws, intended to have a separate family, but was not able to have aseparate family due to financial conditions and therefore, on constrain, shecommitted suicide. According to the learned Counsel, the accused were not presentwhen the deceased has committed suicide. On frustration, she committed suicide,however, on the complaint of the parents of the deceased, the case has beenregistered as if it was a dowry death. The final report has been mechanically filed andthe trial Court has also convicted the accused, without appreciating the evidence in aproper manner.4.Learned Government Advocate (Crl. Side) raised serious objections tosuspend the sentence imposed on the petitioners/accused. He submitted that this isthe second application for suspending the sentence and that there is no change incircumstances, since the dismissal of the earlier application. He has also relied uponthe report of the Revenue Divisional Officer and submitted that the Revenue3/7 https://www.mhc.tn.gov.in/judis Divisional Officer has conducted an enquiry and submitted a report that there was ademand of dowry by the petitioners herein and hence, the deceased died withinseven months from the date of marriage. Therefore, there is a presumption underSection 113B of the Indian Evidence Act,1872 for attracting the offence under section304B IPC.5.This Court considered the rival submissions made on either side andperused the materials placed on record.6.This Court has taken note of the evidence of PW4, the mother ofdeceased and the relevant portion is extracted as under:-“vd; kfs; fzth; tPl;bw;F Nghfkhl;Nld; vd;Wk; nrhj;ij tpw;Wje;jhy;jhd; NghNtd;vd;Wk; nrhd;dhs; vd;why; rhpjhd;. mjw;F ehd; nrhj;ij rPf;fpuk; tpw;W jUfpNwd;vd;W rkhjhdk; nra;Njd; vd;why; rhpjhd;. mg;NghJ vd; kUkfd;jhd; vd; tPl;bw;Fte;J vd; kfis rkhjhdg;gLj;jp mth; tPl;bw;F mioj;J nrd;whh; vd;why; rhpjhd;.Gwk;Nghf;F epyk; vd;gjhy; me;j nrhj;ij tpw;fKbatpy;iy vd;why; rhpjhd;. vd;kfSf;F jpUkzk; KbAk; tiu me;epyk; Gwk;Nghf;F epyk; vd;W njhpahJ vd;why;rhpjhd;. vd; kfs; vd;dplk; Nkw;gb nrhj;ij tpw;W Nfl;lJ vjphp tPl;Lgf;fj;jpy; ,lk; thq;fp tPL itf;f Nfl;lhh; vd;why; rhpjhd;. mg;NghJ jhd; vd;kfSf;F ehd; nfhLj;j epyk; Gwk;Nghf;F epyk; vd;W njhpate;jJ vd;why; rhpjhd;.mjdhy; vd; kfs; vd; kPJ Nfhgk; cw;whs; vd;why; rhpjhd;. mg;NghJ vjphp Rnu\;4/7 https://www.mhc.tn.gov.in/judis jhd; vd; kfis rkhjhdg;gLj;jpdhh; vd;why; rhpjhd;. me;j epyj;jpw;F gl;lhkhw;Wtjw;F tpy;rd; Kaw;rp nra;Jk; Kbahky; ,Ue;J te;jJ vd;why; rhpjhd;. me;jepyk; rk;ke;jkhf vd; kfs; mbf;fb vd; tPl;bw;F te;J vd;dplKk; vd; nfhSe;jd;tpy;rdplKk; me;j epyj;ij Vd; Kbf;ftpy;iy vd NgRths; vd;why; rhpjhd;. mJrk;ke;jkhf NghdpYk; vq;fsplk; NgRths;. mjw;F tpy;rDk; rPf;fpuj;jpy; nrl;by;nra;Jtplyhk; vd Nghdpy; rkhjhdk; nra;J te;jhh; vd;why; rhpjhd;. kpdpNkhSf;F 4 taJ,Uf;Fk; nghOJ vd; fzth; NtW ngz;iz jpUkzk; nra;J nfhz;lhh;. mjdhy;vd; fzth; kPJ vd; kfSf;F ntWg;G ,Ue;J te;jJ vd;why; rhpjhd;. me;j#o;epiyapy; vd; kfs;fs; ,UtiuAk; ghrkhf tsh;j;J te;Njd; vd;why; rhpjhd;.ghrkhf tsh;j;J te;jjhy; rpWtprak; vd;whYk; vd; kfSf;F Nfhgk; tUk; vd;why;rhpjhd;. mjdhy; kpdpNkhSf;F fzthplk; rpW gpur;rid vd;whYk; Nfhgg;gl;LtPl;bw;F te;J tpLths; vd;why; rhpjhd;. vd; kfs; jP itg;gjw;F Rkhh;1 khjj;jpw;F Kd;dhy; vd; tPl;bw;F te;jpUe;jhs;. ehd; rk;gtj;jpw;F kWehs;fhiy–½Mrhhpg;gs;sk; kUj;Jtkidf;F NghNdd;. rk;gt jpdj;jd;Nw rhl;rp tpy;rd; gfy;1 kzpf;F kUj;Jtkidf;F nrd;W tpl;lhh; vd;why; rhpjhd;. rk;gtj;jpw;F Rkhh;15 jpdq;fSf;F Kd;dhy; vd; kfs; rikj;J itj;jpUe;j rhg;ghl;il vjphpfs; KtUk;jl;b tpl;ljhf vd; kfs; Nghdpy; nrhy;yp vdf;F njhpAk;. ehd; ghh;j;jjpy; vd;kUkfd; vd; kfSld; re;Njh\khf ,Ue;J te;jhh; vd;why; rhpjhd;. vd; kfs;vd;dplk; Rnui\ Rk;kh tplf;$lhJ vd nrhd;d Mjq;fj;jpy;jhd; ehd; vjphpfSf;Fvjpuhf rhl;rpak; mspj;Njd; vd;why; rhpjhd;. jP vhpe;J Rkhh; 1 kzp Neuk; fopj;Jvjphp RNu\; rk;gt ,lj;jpw;F te;jjhf vd; kfs; vd;dplk; nrhd;dhs;. vjphp RNu\;jhd; mtuJ kidtpia fhhpy; kbapy; itj;J M];gj;jphpf;F nfhz;L nrd;whh;vd;why; rhpjhd;. ehd; vd; kfSf;F vdf;F nrhe;jkpy;yhj nrhj;ij jUtjhfel;ghirf;fhl;b nfhLf;f Kbahj #o;epiy Vw;gl;ljhy;jhd; vd; kfs; kdNtjidmile;J Nfhgj;jpy; jP itj;J nfhz;lhs; vd;why; rhpjhd;.”5/7 https://www.mhc.tn.gov.in/judis

7.Considering the evidence of PW4, who is the mother of the deceased,this Court is inclined to entertain this Criminal Miscellaneous Petition.8.Accordingly, the substantive sentence of imprisonment alone issuspended pending disposal of the criminal appeal and the petitioners are ordered tobe enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) each with two sureties each for a like sum to the satisfaction of thelearned Sessions Judge, Fast Track Mahila Court, Nagercoil Camp at Kuzhithurai,Kanyakumari District and on further condition that the petitioner shall appear beforethe said Court on the first working day of every English Calender month at 10.30a.m., till the disposal of the appeal. Sd/- 10/02/2025 / TRUE COPY / 10/02/2025 Sub-Assistant Registrar ( PA ) Madurai Bench of Madras High Court,gk Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis TO1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, NAGERCOIL, CAMP AT KUZHITHURAI, KANYAKUMARI DISTRICT.2 THE SUPERINTENDENT CENTAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.3 THE DEPUTY SUPERINTENDENT OF POLICE, PUTHUKADAI POLICE STATION, COLACHEL DIVISION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No.14147 of 2024 IN CRL A(MD)NO.880 of 2024 Date :10/02/2025ES/SAR /10.02.2025/ 7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023.7/7