NO MATERIAL TO SHOW THAT THE APPELLANT INSTIGATED THE DECEASED TO COMMIT SUICIDE
18. The Court below repeatedly took note of the demand for dowry of a sum of Rs.20,000/- from the depositions of PW1 and PW2 and had come to a conclusion that there was a demand for dowry which led to the deceased committing suicide. However, the Court failed to take note of the fact that the causa casusens for the suicide committed by the deceased was not dowry demand and it was directly related to the relationship of the appellant with the above said Naveena. In view of the same, the charge under Section 304 B of IPC is unsustainable. The appellant cannot be convicted and sentenced for the alternate charge under Section 306 of IPC by taking it as a minor offence, since, there is no material to show that the appellant had instigated the deceased to commit suicide. When the suicide was committed, the appellant was not even present in the house.
CRUELTY CONFIRMED
19. The facts of the present case can be brought within explanation (a) to Section 498A of IPC. The conduct of the appellant was of such a nature that it has driven the deceased to commit suicide. The cruelty faced by the deceased has also been clearly spoken by PW1 and PW2. In view of the same, the conviction of the appellant for offence under 498A of IPC has to be sustained.
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SENTENCE MODIFIED COMPENSATION AWARDED
21. It is brought to the notice of this Court that the child which was born through the wedlock is now taken care by the uncle of the deceased. The appellant has already undergone incarceration for a period of 909 days. The Court below has merely ordered for payment of fine of Rs. 1000/-. Taking into consideration the facts and circumstances of the case, this Court is inclined to modify the sentence. Accordingly, the sentence of imprisonment is confined to the period already undergone by the appellant. The appellant is directed to pay compensation of a sum of Rs. 2.5 lakhs to his daughter. The amount shall be deposited in a fixed deposit and after the daughter attains majority, she will be entitled to withdraw the entire amount with accrued interest. Till the fixed deposit is closed by the daughter of the appellant, it shall be renewed from time to time. The fixed deposit for the amount of Rs. 2,50,000/- shall be taken by the appellant on or before 02/06/2023 and the original fixed deposit receipt shall be handed over to the daughter of the appellant, who is now taken care by the uncle of the deceased. If the appellant defaults in taking the Fixed deposit within the time stipulated by this Court, the appellant shall undergo default sentence of 1 year Rigorous Imprisonment.
PARTY: Kalaimurthy vs.State rep by its The Inspector of Police, Harur Police station, Dharmapuri District – Crl.A. No. 790 of 2015 – 31.03.2023.
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1036573
