M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.08.2020 passed by the High Court of Judicature at Madras in Criminal OP No. 1443 of 2020, by which the High Court in exercise of powers under Section 482 Cr.P.C. has quashed and set aside the entire criminal proceedings qua respondent no.1 herein – original accused no.2 (A2) in P.R.C. No.250 of 2019 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai, the original complainant – wife of the deceased – victim has preferred the present appeal.
(2.) That an FIR was lodged against respondent no.1 herein and one another on the statement of the appellant herein initially for the offences under Sections 326, 307, 302, 420, r/w 34 IPC. As per the statement and the allegations in the FIR, her husband was serving as Assistant Professor a year before. However, thereafter he was unemployed; that she had studied up to B.Com and looking after the domestic works; that since her husband was unemployed and it was difficult to maintain the family expenses, at that time, one Vela alias Velayutham was introduced by respondent no.1 herein and told them that the said Vela alias Velayutham is employed at Guindy Employment Exchange and that if they give money, he can arrange Government employment for them; it was further alleged that believing in his words they gave Rs. 4 lakhs to Velayutham about six months before; that on 23.09.2019 the said Velayutham promised that my husband will get the appointment order today itself and asked us to come to Vyasarpadi; that as asked by Velayutham, A1 in the aforesaid FIR, the complainant and her husband went to Flat No. 560, 8th Main Road behind Vyasarpadi Mullai Nagar Bus Depot at about 9:00 a.m. and met him; that A1 offered them ‘Prasadam’ from Shirdi Sai Baba Temple and to talk after our taking the Prasadam; that it was a powder like Vibhuti in Shiva Temples; that since the powder was bitter in taste, she spitted it out, however, her husband had consumed it; that her husband fainted and fell down and that she was also feeling drowsy; that people nearby called 108 Ambulance and sent them to Stanley Hospital for treatment; that while she was on treatment she came to know that her husband died at the spot of the incident itself; that it was alleged that the powder given by Velayutham-A1 was the cause for her husband’s death and her drowsiness; that the statement of the complainant was recorded at the hospital on 24.09.2019 which at the relevant time was treated as dying declaration. The relevant extract of the same is as under: "My name is Saranya I studied B.Com, I got married, my husband name is Karthick, I am having two sons, I am a house wife, my husband was professor and due to non-payment of salary, he started Xerox shop. One Bharathi regularly come to my husband’s Xerox shop for Xeroxing. She said that she is working in secretariat, she said there is a job in employment office and for arranging the same Rs. 6 Lakhs may be given, we decided the job for my husband as advance during 7 month we paid 5 Lakhs. Daily when enquired the phone, the file has been moved, one week ago he said that he will give order copy and saibaba prasadam. We went to palani with family and returned on Monday at 7.30 hrs, Since, there is examination for our sons, I took my sons to school due to delay and spoken with the madam and left my sons in the school, my husband saw the missed call from velayutham three times, immediately my husband asked me to go home but I wanted to accompany him to Mullai Nagar. Previously I went to guindy office, velayutham asked as to come in the lane, green colour house is my house. He showed an order and given viboothi and kungumam and we kept it then he opened the box in the vehicle, he has given some powder from to me and my husband yellow colour cover in spoon, immediately velayutham took the mobile of her husband and went in two wheeler for taking Xerox copy of the order copy. My husband took the prasadam and felt something irritation and immediately took the water and spit the same, and also he give water to his wife with instruction to spit the content in her mouth, she also spit the content, my husband suffered fits and he closed his eyes, I do not know what had happened to me. When I wake up, I was in the hospital. Velayutham has given something to my husband and killed him, Bharathi is also the cause. Enquiry completed at 02.55 afternoon. The Patient conscious and able to speak till completing the declaration." 2.1 That the dying declaration was recorded by the Magistrate in the presence of Doctor who certified that the patient was conscious and able to speak; that it was the specific case on behalf of the appellantcomplainant that it was the respondent no.1 herein – original accused no.2 who introduced Vela @ Velayutham – A1 to them and she said that she is working in the Secretariat and that there is a job in the employment office and for arranging the same, Rs. 6 lakhs may be given and relying upon her statement Rs. 5 lakhs was given; that thereafter after the investigation the investigating officer filed the chargesheet against Vela @ Velayutham – A1 for the offences under Sections 326, 307, 302, 420 r/w 34 IPC and against respondent no.1 herein – A2 for the offences under Sections 420, 302 r/w Section 109 IPC; that the case was pending for committal before the learned X Metropolitan Magistrate, Egmore, Chennai; that at this stage respondent No.1 herein – A2 approached the High Court by way of Criminal O.P. No. 1443 of 2020 under Section 482 Cr.P.C praying for quashing the entire chargesheet as against her, pending committal in P.R.C. No. 250 of 2019 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai; that by the impugned judgment and order, the High Court in exercise of powers under Section 482 Cr.P.C. has quashed and set aside the entire chargesheet and the criminal proceedings qua respondent no.1 hereinA2 in P.R.C. No. 250 of 2019 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 420, 302 r/w 109 IPC.
(3.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court quashing and setting aside the entire criminal proceedings/chargesheet qua respondent no.1 herein-A2 in P.R.C. No. 250 of 2019 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 420, 302 r/w 109 IPC, the original complainant – victim – wife of the deceased has preferred the present appeal.;