- (1.) The appellants (A1-Babu and A2-Pappathi respectively, for convenience) were tried by the Principal Sessions Court, Coimbatore in Sessions Case No.141 of 2000 for offences punishable under Section 498A and Section 302 read with Section 34 of the IPC. A1-Babu was convicted under Section 498A of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default, to undergo further rigorous imprisonment for two months. A1-Babu was also convicted for offence punishable under Section 304 Part I of the IPC and sentenced to suffer rigorous imprisonment for seven years for the same. A2-Pappathi was convicted for offence punishable under Section 498A of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default, to undergo further rigorous imprisonment for two months. A2-Pappathi was also convicted for offence punishable under Section 304 Part I read with Section 109 of the IPC and sentenced to suffer rigorous imprisonment for seven years for the same. On appeal, the Madras High Court confirmed the conviction and sentence. Hence, this appeal, by special leave.
(2.) Gist of the prosecution case needs to be stated. A1-Babu was married to deceased-Indirani ("the deceased") on 11/4/1994. The couple resided in the house of A2-Pappathi, who is the younger sister of A1-Babu. At the time of marriage, 25 gold sovereigns were demanded by A1-Babu and his family, but the parents of the deceased could only give 20 gold sovereigns. After six months of marriage, they demanded dowry for which Panchayat meeting was held by the elders in the house of the deceased. The members of the panchayat went to the house of the accused and requested them not to threaten the deceased. After one year, the deceased gave birth to a male child. The accused demanded 10 gold sovereigns and cash of Rs.10,000/-. Parents of the deceased could give only 3 gold sovereigns. Thereafter, the couple was blessed with a daughter. This time also, the accused demanded 10 gold sovereigns and cash of Rs.10,000/- to purchase manure, but the parents of the deceased could not fulfill this demand due to their financial difficulties. A1-Babu and A2-Pappathi started harassing the deceased. On 15/11/1998 the deceased informed PW-2 Nataraj, her brother about the dowry demand made by her husband and the cruelty meted out to her. The prosecution story further goes on to say that on 16/11/1998, PW-3 Ponnusamy, the grandfather of the deceased, visited the house of the accused. When he reached near the house of the accused, he heard the voice of the accused asking the deceased as to why sum of Rs.10,000/- was not brought by her. PW-3 Ponnusamy peeped through the window and saw A1-Babu, who had caught hold of the deceased, dashing the back of her head against a pillar. At that time, A2-Pappathi intervened and said that the deceased should not die like this. She asked him to pour poison in her mouth. Upon this, A1-Babu brought poison and gave it to A2-Pappathi. A1-Babu caught hold of the deceased and A2- Pappathi poured the poison in the mouth of the deceased. PW-3 Ponnusamy went inside the house and questioned them. The accused started pacifying him and told him that they would save her life. They asked him to remain in the house and they took the deceased in a van to Udumalpet Government Hospital. PW-4 Dr. Shanmugham examined the deceased and declared her dead. He sent a report to the Udumalpet Police Station, pursuant to which PW-11 SI Lakshmanan came to the hospital and recorded the statement of PW-1 Subramaniya, the father of the deceased, which is treated as FIR. On the basis of the FIR, investigation was started. After completion of investigation, the accused came to be charged as aforesaid. In support of its case, the prosecution examined 14 witnesses. Out of them, PW-1 Subramaniya, PW-2 Nataraj and PW-5 Dr. Rajabalan, who conducted the post- mortem of the deceased are crucial to the prosecution. The accused denied the prosecution case and contended that they were falsely implicated. Learned Sessions Judge convicted the accused as aforesaid.
(3.) We have heard Mr. Ratnakar Dash, senior advocate, appearing for the appellants and Mr. M. Yogesh Khanna, counsel appearing for the respondent- State. Mr. Ratnakar Dash submitted that the prosecution has failed to prove its case beyond reasonable doubt. He submitted that learned Sessions Judge ought to have appreciated that the evidence on record clearly establishes that the deceased had committed suicide. The Forensic Science Laboratory Report (Ex-P6) is a pointer to this. It is also clear that the deceased had consumed poison first and had suffered head injury because of the fall sustained by her due to consumption of poison. Counsel pointed out that the suicide note (Ex-P1) supports the case of the accused that the deceased committed suicide. Counsel submitted that the evidence of PW-3 Ponnusamy has rightly been rejected by the trial court and the High Court and that has made the prosecution case suspect. Counsel submitted that it is the accused, who took the deceased to the hospital. The conduct of the accused belies the prosecution case. According to the counsel, since the prosecution has failed to prove its case beyond reasonable doubt, the conviction of the accused deserves to be set aside. Counsel submitted that in any case the involvement of A2-Pappathi, the sister, who is a widow, is not proved at all. Besides, she could not have been convicted under Section 302 read with Section 109 of the IPC in the absence of a charge being framed under Section 109 of the IPC. In support of this submission, counsel relied on the judgment of this Court in Wakil Yadav & Anr. v. State of Bihar, 2000 10 SCC 500. Shri M. Yogesh Khanna, learned counsel for the State submitted that the impugned judgment deserves no interference.;