M.Mohan vs State Tr.Dy.Supdt.Of Police

3. We deem it proper to take the facts of Criminal Appeal arising out of SLP (Crl.)No.2687 of 2010 filed by Velmurugan, Accused No.4 and Anna Lakshmi, Accused No.5 (for short 'A-4 and A-5' respectively). This appeal emanates from the judgment and order dated 22.02.2010 delivered by the Madurai Bench of the High Court of Judicature at Madras in Criminal Original Petition (MD) No.94 of 2006.

4. Brief facts which are necessary to dispose of this appeal are recapitulated as under:

6. Kamatchi along with her husband Anandraj and a child, took a public transport(bus) from Karaikudi to Madurai for reaching the said Theme Park and returned to her matrimonial home in a bus. Kamatchi was deeply hurt by the taunting statement of Easwari (A-3) regarding denial of the use of family car.

9. The Sub Inspector of Police forwarded a copy of the First Information Report (for short 'F.I.R.') to the Revenue Divisional Officer (for short 'R.D.O.') to hold an inquest and also a copy to the Deputy Superintendent of Police (for short 'D.S.P.'), Karaikudi, for further investigation, who commenced inquiry on the same day as Kamatchi had committed suicide within three and a half years of her marriage.

10. The D.S.P., Karaikudi on receipt of the F.I.R. from the Karaikudi South Police Station, took up the complaint for 5 investigation and filed an Alteration Report on 19.1.2005 before the Jurisdictional Magistrate, Karaikudi under Sections 498-A and 306 I.P.C. against Anandraj (A-1) and Easwari (A-3) respectively.

11. The R.D.O. commenced enquiry on 18.1.2005 and examined many witnesses and on 3rd February, 2005 a report was sent by him to the D.S.P. in which he had categorically stated that there was no dowry harassment in the suicide case, especially in view of the fact that even the parents of the deceased had not informed him about the harassment of dowry. The parents of the deceased had specifically stated before the R.D.O. that because of the taunts made by Easwari (A-3) their daughter had committed suicide. The D.S.P., in addition to the inquest held by the R.D.O., proceeded to investigate the case and filed a Charge Sheet on 29.4.2005 not only against Anandraj (A-1), the deceased's husband and M. Mohan (A-

2), her brother-in-law and his wife, Easwari (A-3), but also against the appellants herein who are elder brother of the husband of the deceased and the mother of appellant No.1 respectively under Sections 304-B, 498-A and 306 of the Indian Penal Code (for short 'I.P.C.'). A copy of the charge sheet dated 29.4.2005 was filed before the learned Judicial Magistrate, Karaikudi.

After returning, the deceased contacted her father on phone and 7 narrated the entire incident and on 18.1.2005 at around 1.30 p.m., Kamatchi committed suicide by hanging herself. On registration of the case under Section 174 Cr.P.C., the complainant and his wife and others were examined. Even in the statement, the complainant had not made a whisper about the demand of dowry on the part of the appellants but harped upon the ill treatment to his daughter at the hands of Anandraj (A-1) and Easwari (A-3). Even at the inquest conducted by the R.D.O., the complainant has not even whispered with regard to the demand of dowry on the part of the appellants.

26. The case of the prosecution is that on 14th January,2005, the deceased wanted to use the family car to go to the Theme Park at Madurai from Karaikudi along with other family members but she was denied the permission to use the car. At that juncture Easwari (A-3) taunted the deceased that if she wanted to go around in a car, she has to get a car from her parents. These words deeply hurt the deceased and she had committed suicide on 18th January,2005 at 1.30 p.m. at her matrimonial home.

The deceased was undoubtedly hyper-sensitive to ordinary petulance, discord and differences which happen in our day-to-day life. In a joint family, instances of this kind are not very uncommon. Human sensitivity of each individual differs from person to person. Each individual has his own idea of self-esteem and self-respect. Different people behave differently in the same situation. It is unfortunate that such an episode of suicide had 2 taken place in the family. But the question remains to be answered is whether the appellants can be connected with that unfortunate incident in any manner?

72. As a result, the charges under Section 306 I.P.C. against the 3 appellants are quashed.

73. Consequently, the impugned judgment is set aside and the appeal arising out of Special Leave Petition (Crl.)No.2687 of 2010 filed by the appellants is allowed and disposed of.

Crl.Appeal No. 611 of 2011 (arising out of SLP Crl.) No.2550/2010)

74. In view of the decision in Criminal Appeal arising out of Special Leave Petition (Crl.) No.2687 of 2010, this appeal is also allowed and disposed of.

...........................................J (DALVEER BHANDARI) ...........................................J (SURINDER SINGH NIJJAR) New Delhi;

March 1, 2011