T. Aruntperunjothi vs State Through S.H.O., Pondicherry

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. 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 15.03.1994 wherein he is said to have raised some suspicion as regards the death of the said Davamani. In his report, it was stated :

On the basis of the suspicion expressed by him, a case under Section 304B of the Indian Penal Code came to be registered against the appellant alone. His mother was not made an accused. She was made a prosecution witness. She was examined on behalf of the prosecution as PW-1. It is furthermore not in dispute that an investigation into the offence was required to be carried out by a Superintendent of Police. Upon the said report of PW- 14, Smt. Anita Roy, Superintendent of Police (PW-10), took up the investigation. She was not conversant with the local language. She went to the village Kilinchikuppam and examined the mother, sister and brother of the deceased. The Circle Inspector Munisam and Head Constable Ramaswami (PW-15) accompanied her. Admittedly, the evidences of the witnesses were recorded by the said PW-15. They were said to have been translated in English. Although, according to PW-10, she verified the said statements, but did not state as to how she did it. PW-10 and PW-11 being not available at that time in the village, were asked to come to Pondicherry. PW Nos. 7, 10 and 11 visited Pondicherry on 8.05.1994. Their statements were said to have been recorded by PW-15, in her presence. The said statements were also allegedly translated. She again allegedly verified the said statements without disclosing the mode and manner thereof. Upon completion of the investigation a chargesheet was filed.

In support of its case, the prosecution examined Kasiammal (PW-1), Amudha (PW-2), Arumugham (PW-3), Seethapathy (PW-6), Amaravathi (PW-7), Chandrakantha (PW-8) and Jaya (PW-9) .

In this case three witnesses were also examined on behalf of the prosecution who instead of supporting its case directly or indirectly supported the case of the appellant herein. PW-1 is the mother of the appellant. PW-2 is a neighbour and PW-3 was a teacher of the village, who himself had even, according to prosecution witnesses, been demanding dowry. We would refer to their depositions before the court a little later.

We would, however, at this stage notice the deposition of those witnesses who supported the case of the prosecution completely.

Three periods are involved in this case. The marriage took place on 04.09.1992. The deceased stayed with her husband for about seven months, i.e., upto February 1994. According to PW-7 they were living happily during that period. The deceased went back to her mother's place for delivery of a child. She delivered a child in a hospital. According to the deceased's mother the appellant came and saw the child. She was later on discharged from the hospital after informing the appellant. The deceased stayed with her mother from March 1993 to February 1994.

We may notice that no witness stated that the demand of dowry was made by the appellant himself. Evidence brought on record by the prosecution as regard the alleged demand of dowry is : (i) PW-3 Arumugham had been demanding dowry; (ii) a demand was made also by the brother of the accused; and (iii) the hearsay evidence of PWs that the deceased herself told that she was being harassed for demand of dowry.

PW-9 is the aunt of the deceased. She was examined by the Superintendent of Police three months after the death of the deceased Davamani. She of course told about the alleged torture meted out to the deceased by the appellant for not giving the balance jewels but her evidence, in our considered view, is not reliable. Evidence led by prosecution, thus, failed to establish involvement of the Appellant as regards the alleged demand of dowry.

We may now scrutinize the evidence led by the prosecution as regards the alleged harassment of the deceased.

We may at this juncture may notice the peculiar features of the case. PW-1, the mother of the accused and PW-3, the teacher, who were responsible for the demand of dowry had not been made accused in the case. They have been examined as prosecution witnesses. PW-1 has not even been declared hostile. She was examined by the prosecution, as presumably before the police because she had deposed against the accused and in support of the prosecution. As regards the suicide committed by the deceased, she offered an explanation not as a defence witness but as a prosecution witness stating that after a month of her coming back after delivery of child, the deceased had requested her son to permit her to go to her parents' house, but he had told her that she could do so only after her parents come to their house but despite the same she had been insisting to visit her parents. According to PW-1 she was a short tempered girl. She categorically stated that she committed suicide for not being allowed to go to her parents house by the appellant and there was no other reason therefor. PW-2 is another witness, who was examined by the prosecution. She was the last person to see the deceased. According to her at about 12.30 p.m., she visited her house. She was in normal mood. She also bears testimony that the couple had been leading a happy life. She had also not been declared hostile by the prosecution.

The explanation offered by the accused is exactly the same. We for the reasons mentioned hereinbefore, do not intend to place any reliance on the statement of PW-9 even on this score.

We would examine some of them.

The said decision is, therefore, of no assistance to the prosecution.

His evidence in this behalf is not very clear, when he stated :

He further stated :

There was no reason to disbelieve that the defence version that the cause of death was that she had insisted to go to her mother's house but she was not allowed, was plausible.

For the reasons aforementioned, the impugned judgment cannot be sustained, which is set aside accordingly. The appeal is allowed. The appellant shall be set at liberty forthwith unless wanted in connection with any other case.