T ARUNTPERUNJOTHI Vs. STATE

JUDGEMENT

(1.) Davamani (the deceased) was the wife of the appellant herein. She admittedly committed suicide on 14-3-1994. They were married on 4-9-1992. The deceased gave birth to a female child at Pondicherry in July 1993. The appellant for one reason or the other did not bring her back from her maternal home for a period of about eight months. She was brought back in February 1994. According to the appellant, the deceased proposed to go back to her mothers house to see her mother which he refused stating that she had come back only a month back.

(2.) It is not in dispute that at the time when the deceased committed suicide neither the appellant nor his mother was present in the house. Somehow or the other the people of the neighbourhood came to know about it. They broke open the door and found the dead body. The deceased committed suicide at about 1 p.m. The mother of the appellant came back at 3.30 p.m.

(3.) It also stands admitted that the family members of the deceased, namely, her mother (PW-7), sister (PW-8), maternal uncle (PW-6), another relative (PW-9), and brother (who was not examined), came to the house and allowed the cremation of the dead body in his village. They took back all the articles which were given to her at the time of or after the marriage. No first information report was lodged by them. The police was informed by the appellant himself whereupon a case under Section 176 of the Code of Criminal Procedure was initiated. The matter was also considered by panchayat. One Rajarajan Veerasamy, Deputy Tahsildar-cum-Executive Magistrate, (PW-14), conducted an enquiry. He examined the prosecution witnesses and others. He submitted a report before the Station House Officer, Mettupalayam Police Station on or about 15-3-1994 wherein he is said to have raised some suspicion as regards the death of the said Davamani. In his report, it was stated :