L. Krishna Reddy vs State By Station House Officer & Ors

1. Leave granted. This Appeal assails the Order of the High Court of Judicature at Madras while exercising its Criminal Revisional Jurisdiction. The facts disclose a human tragedy. Ramachandra Reddy was married to Sujatha on 2.5.1999. At the initial stages of their marriage the deceased couple was staying with the bride’s relatives, significantly, not with her parents-in-law who are the remaining accused. They had set up their own separate residence about six months prior to the unfortunate incidents. On 26.3.2006 Sujatha was found murdered in the hotel room in Pondicherry [now Puducherry] rented by her soon to be deceased husband. Her body bore several stab wounds. Thereupon, Crime No.86/2006 under Section 302 IPC dated 26.3.2006, leading to Charge Sheet No.59/2007 dated 31.5.2007 under Sections 302, 498-A read with 34, IPC was registered. It then transpires that the husband of the deceased, namely, Ramachandra Reddy, possibly suffering from guilt and remorse, committed suicide shortly thereafter. The question before us is whether the criminal proceedings could or should have been continued against his parents, namely Vidyasagar and Narasamma, who had preferred a Discharge Petition under Section 227 of the Code of Criminal Procedure, 1973 (‘Cr.PC’ henceforward) in which they eventually succeeded.

That on 25.3.2006 at about 19.00 hrs. at Room No.306, Hotel Aruna, Second Floor, No.3, Zamindar Garden, near Ajantha Theatre, S.V.P. Salai, Muthialpe, Puducherry-3, about 800 meters South-East to PS, accused No.1 noted above in furtherance of common intention with his father, the second accused and his mother, the third accused, caused death of his wife Sujatha, as she was unable to meet out their unlawful demand of dowry by inflicting 11 multiple injuries by means of knife with the knowledge that such injuries would be likely to cause death or would be sufficient in the ordinary course of nature to cause death and rendered themselves liable to be punished u/sec.302 IPC r/w 34 IPC.

4. However, the High Court has come to the contrary conclusion, after having reviewed the Statements and evidence available on the record. There is no dispute as regards the factum of the deceased married couple having set up their separate and independent residence. According to the Complainant/Appellant who is the father of the unfortunate lady the deceased Sujatha, he had telephonically been informed by her that the married couple had left Hyderabad on 23.3.2006 and were proceeding to Vijayawada. The impugned Judgment records that none of the Statements under Section 161 Cr.P.C. incriminate the parents of the deceased husband of any connection with the offence under Section 302 IPC, and no common intention can be inferred. So far as the dowry demands and offence under Section 498A goes, the High Court opined that even the father of the deceased wife namely the Appellant/Complainant in his Statement confined the demand only to his deceased son-in-law. Holding this to be insufficient the Respondents Nos.2 and 3 have been discharged.

8. Since the prosecution would be an exercise in futility it should be brought to a quick end; and this is possible only if an order of discharge vis-à-vis the parents who are the remaining accused is passed. This is exactly what has transpired in the wisdom of the High Court by means of the impugned Order. We find no error therein. Accordingly the appeal is dismissed.