Mohan M. Shantanagoudar, J. - (1.) Leave granted in SLP (Crl.) Nos. 9261-9262 of 2015.
(2.) The judgment dated 19.03.2009 passed by the High Court of Judicature at Madras in Criminal Appeal Nos. 668-669 of 2004 is in question in these appeals. The appellants herein have been convicted and sentenced for the offences punishable under Sections 365 and 352 of the Indian Penal Code (hereinafter "the IPC").
(3.) The brief facts leading to these appeals are as under: Accused No. 1, the proprietor of a chain of hotels (Saravana Bhavan) allegedly had the illegal intention of taking PW1 Jeevajothi, (aged about 21 years at the time of commission of the offence) as his third wife, even though his second wife was still alive and Jeevajothi was married. The family of PW1 had been acquainted with Accused No. 1 since 1994, and he had even given a managerial job to the father of PW1 in one of his hotels. PW2 is the mother of PW1. Their family hailed from Thethakudi village near Vedaranyam, and had come to Chennai and settled there after selling all their properties at Thethakudi and clearing all debts. They had come to Chennai with about Rs.4.5 Lakhs, which they deposited with Accused No. 1, who gave them an interest of Rs.6,000-7,000/- per month on the same. PW1 (Jeevajothi), a Hindu, fell in love and married Prince Santhakumar, who was a Christian, much to the disapprobation of the family of PW1. Even after the marriage of PW1 with Santhakumar, Accused No. 1 displayed a munificent attitude towards PW1 and her parents, liberally presenting expensive birthday gifts to PW1, paying her hospital bills, etc. He also helped them monetarily and logistically in setting up their travel agency in Chennai. He even used to interfere in the personal affairs of PW1 and used to tell her false stories about her husband Santhakumar, and advised her to abstain from sexual relations with Santhakumar. However, PW1 did not pay any heed to Accused No. 1 and continued to live happily with her husband. Moreover, she did not have any love or affection towards Accused No. 1. On 28.09.2001, Accused No. 1 came to the house of PW1 and Santhakumar along with PW1's parents and started shouting at PW1 for not listening to him. Accused No. 1 gave an ultimatum of two days to Santhakumar to sever all his relationships with PW1. However, the relationship between PW1 and her husband remained unaffected. Even so, being agitated by the attitude of Accused No. 1, PW1 and her husband decided to move to a place unknown to Accused No.1.;