Decided on January 02,2020

STATE Respondents


- (1.) This Criminal Appeal has been filed to set aside the judgment of conviction and sentence dated 11.04.2012, passed by the Additional District and Sessions Judge, Fast Track Court, Namakkal, in S.C.No.31 of 2011.
(2.) The prosecution story is as under : 2.1.The deceased Pavayi was the daughter of Periyasamy (P.W.1) and Saroja (P.W.2) and elder sister of Sadaiyan (P.W.3) and Murugan (P.W.4). They were residing in Singapuram Village in Salem District. Pavayi was a police constable. 2.2.The appellant hailed from Mangalapuram Village which is about 7 km from Singapuram Village. The appellant was running a grocery shop in Mangalapuram Village. The appellant's father had died and he (appellant) was taking care of his mother and younger brother by name Anbu. 2.3.The parents of Pavayi were courting for a suitable alliance for their daughter and found a match in the appellant. The marriage of Pavayi with the appellant was solemnized on 18.01.2010 and at the time of marriage, the family of Pavayi voluntarily gave 20 sovereigns of gold to their daughter and did not give any dowry to the family of the appellant. 2.4.At the time of marriage, Pavayi was posted as Constable in Ulundurpet, Villupuram District, which is about 140 km away from Salem District. After marriage, Pavayi shifted to her matrimonial home in Mangalapuram Village, from where, she was going for duty. Pavayi worked for about two months after marriage in Ulundurpet and thereafter, she was transferred to Chennai. 2.5.On 18.07.2010, Pavayi committed suicide by hanging in her matrimonial home when the appellant was away in his shop. The appellant had requested a Television Mechanic to come home for repair and on coming to know that the Mechanic has come home, the appellant went to his house and found the door locked from inside. He rang the calling bell but to no avail. Therefore, he, along with some neighbours, staved in through the main door at 12.45 p.m. and to their shock, found Pavayi hanging down the ceiling fan. The body was lowered and intimation was sent to the parents of Pavayi. 2.6.On the written complaint (Ex.P1) given by Periyasamy (P.W.1), Nithya (P.W.10), Sub-Inspector of Police, registered a case in Crime No.310 of 2010 on 18.07.2010 at 18.00 hours under Section 174(3) Cr.P.C and prepared the printed F.I.R. (Ex.P5) which reached the Executive Magistrate at 06.30 a.m. on 19.07.2010, and the jurisdictional Magistrate at 04.30 p.m. on the same day.
(3.) Investigation of the case was taken over by Tamilselvan (P.W.14), Deputy Superintendent of Police, who went to the place of occurrence and prepared Observation Mahazar (Ex.P2) and Rough Sketch (Ex.P10), which reached the jurisdictional Magistrate on 23.07.2010.;

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