Pudhu Raja & Anr vs State Tr.Insp.Of Police

2. The facts and circumstances giving rise to this appeal as per prosecution are as follows:

Chandran (PW.2) went upstairs, brought a duplicate key and opened the door of their house. Chandran (PW.2) found the room full of smoke and Jayalakshmi lying dead on the bed, with burn injuries. The Fire Brigade was informed. Mr. Mahalingam, Station Officer, Fire Department Chengalpet, (PW.8) arrived at the spot with his personnel, at 1.45 A.M. and extinguished the fire. Mr. Ezhamparuthi (PW.1), a close relative of the deceased came to the spot upon being informed, and thereafter went to the Police Station at 8.30 A.M. on 18.4.2001 and made a complaint to Mr. Kotteswaran (PW.12), on the basis of which, a case in Crime No.157 of 2001 was registered. The said FIR was handed over to Mr. Durairaj (PW.13), the Investigating Officer who then took up the investigation.

E. As Jayalakshmi had died within 2-1/2 years of her marriage, the matter was reported to the Sub-Collector, Ms. Pila Rajesh, IAS (PW.10) who came to the spot and conducted inquest on the dead body in the presence of witnesses and a panchnama was prepared. Ms. Pila Rajesh (PW.10) also recorded the statements of the witnesses after which, the dead body was sent for post-mortem.

G. The case was converted into one under Section 302 IPC and both the appellants were arrested and sent into judicial remand. After completing the investigation, a charge sheet was filed. Before the trial court, both the appellants pleaded not guilty and, therefore, claimed trial. In the course of the trial, the prosecution examined 13 witnesses, and relied upon 14 exhibits and 3 material objects. The defence also examined one witness, and relied upon 4 documents for the purpose of their defence. The Trial Court after the conclusion of the trial, upon considering the material on record, and after appreciating the available evidence, acquitted both the appellants vide judgment and order dated 22.12.2004.

H. Aggrieved, the State preferred an appeal before the High Court and the High Court vide its impugned judgment and order, convicted and sentenced both the appellants, thereby reversing the judgment of the Trial Court, as referred to hereinabove.

7. The law on the issue of interference with an order of acquittal is to the effect that only in exceptional cases where there are compelling circumstances and the judgment in appeal is found to be perverse, the appellate court can interfere with the order of the acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial court's acquittal bolsters the presumption of innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference.

15. The trial court did not take note of the fact that there was sufficient evidence on record, to indicate the possibility and the likelihood of dowry harassment and death, caused due to failure to give dowry, as demanded.

17. The theory of suicide can further be negated by the fact that the doctor who conducted the post-mortem, did not mention the possibility of suicide at all.

18. All the circumstances, therefore, clearly indicate that the deceased did not die a natural death, nor was she the victim of an accident and neither did she commit suicide. She was therefore killed and no one except the accused could have committed the said offence.

21. In view of the above, we do not see any cogent reason to interfere with the impugned judgment of the High Court. The appeal has no merit and is, therefore, accordingly dismissed.

The appellant no.2 is on bail. Her bail bonds are cancelled. She is directed to surrender within a period of four weeks from today before the Chief Judicial Magistrate. In case she does not surrender, we direct the Chief Judicial Magistrate to take her into custody and send her to jail to serve out the remaining sentence.

A copy of the order may be sent to the Chief Judicial Magistrate, Chengalpet, Tamil Nadu, by the Registry of this Court for compliance.