prosecution failed to establish any cruelty or harassment

2021 CRI. L. J. 71

(MADRAS HIGH COURT) (MADURAI BENCH)

Ramalingam and others v. State Rep. By The Inspector of Police, Pudukkottai. 

Cri.A(MD) No. 86 of 2015, 

D/9-3-2020.

(A) Penal Code (45 of 1860), Ss. 304-B, 498-A 113-B Evidence Act (1 of 1872), Ss. 3, Dowry death and cruelty - Pre- sumption as to- Accused persons alleg- edly insulted deceased, scolded her to die, causing mental and physical cruelty to her with regard to lesser 'Sridhana' brought by her Deceased died by drowning in 'Well' within three months of marriage Complaint filed by father of deceased only requesting to investigate death of his daughter and not made any allegations of demand for dowry or as to any cruelty or harassment Improvement in state- ments of father of deceased Soon be- fore death of deceased, no complaint as to cruelty and harassment - Testimonies of related witnesses not corroborated with each other - Non-examination of indepen- dent witnesses - Necessary ingredients as contemplated u/S.498-A and S.304-B, IPC not established - Since prosecution failed to establish any cruelty or harassment soon before death of deceased, presumption under S.113-B of Evidence Act does not arise Conviction set aside. (Paras 29, 31, 32, 35, 36, 39, 40)

(B) Penal Code (45 of 1860), S.306 - Evidence Act (1 of 1872), S.3-Abetment of suicide - Appreciation of evidence - Allegations that accused persons insulted deceased, scolded her to die, mentally and physically caused cruelty to her with re- gard to dowry -Deceased committed sui- cide by drowning in 'Well' - Evidence of brother of deceased that on preceding day of incident deceased had telephonic talk with him and on enquiry, deceased told him that she is fine No evidence produced on record to even infer that there was some happening, which had caused deceased to resort to extreme step Failure of pros- ecution to prove guilt of accused persons beyond reasonable doubt - Accused per- sons entitled to acquittal. (Paras 38, 39, 40)