Inayadullah @ Inayath, v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr Justice RMT. TEEKAA RAMAN CRIMINAL MISCELLANEOUS PETITION No.10625 of 2017 IN CRL A.532/2017 INAYADULLAH @ INAYATH, [ PETITIONER ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, ELAVANASURKOTTAI POLICE STATION, VILLUPURAM DISTRICT.
CR.NO.165/2014.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.532/2017 on the file of the High Court, the High Court will be pleased to enlarge the petitioner on bail pending disposal of the above Criminal Appeal preferred against the Judgment dated 17.08.2017 made in S.C.No.316 of 2016 on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Villupuram.[CRL.A.532/2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Appeal No.532/2017 on the file of the High Court and upon hearing the arguments of M/S.R.ARUN DATTAN Advocate for the petitioner and of MS.KRITIKA KAMAL,P Government Advocate[crl.side] on behalf of the Respondent the court made the following order:- The 1st accused is the petitioner herein and seeks suspension of sentence.
2. The case of the prosecution is that the deceased Almas is sister of the complainant Tr.Saiyadhshamiulla. The petitioner appellant/accused Inayadullah @ Inayath got married with the deceased on 19.07.2009 as per Islamic Customs. The expenses for the marriage were borne by the family of the deceased and during marriage the deceased was presented 10 soverigns of gold jewellery and also Cash Rs.15,000/-. Thereafter from 2014, the accused started to ill-treat the deceased stating that they have not given house hold articles during the time of marriage. Thereafter, the complainant has been preferred by the deceased on 23.01.2014 in Elavansoorkottai Police Station in enquiry the accused/A1 promised before the Police officials stated that he will not ill-treat the deceased and taken the deceased back to the matrimonial home.
3. On 3.7.2014, A1 assaulted the deceased due to which the deceased had sustained grievous injuries on her head which was stitched in the hospital and the same was reported in Jamath and in the Jamath, in which A1 gave an undertaking that he will not illtreat the deceased and had taken the deceased back to the matrimonial home. But on 11.09.2014, all the accused beat the deceased and at about 07.00 p.m., the deceased committed suicide by hanging. Hence, this complaint.
4. After trial, the Court having found that the charges under Section 304(B) of I.P.C are not made out, however, based upon the evidence, has convicted the 1st accused under Section 304 (B) of I.P.C and undergo for an offence under Section 498(A) and 306 of I.P.C as under:- U/s.498(A) IPC 3 years Rigorous Imprisonment and to pay a fine of Rs.5000/- in default to undergo 3 months simple imprisonment U/s.304 (B) IPC U/s 304(B) has not been proved beyond reasonable doubt and A1 is acquitted u/s 304 (B) IPC, instead of A1 is convicted u/s 306 IPC U/s.306 IPC 10 years Rigorous Imprisonment and to pay a find of Rs.10,000/- indefault to undergo 6 months Simple Imprisonment
5. The learned counsel for the petitioner has relied upon the oral evidence of the P.W.4 and P.W.5 and also on the Exhibit P5 R.D.O Report.
6. The learned Government Advocate (Crl.side) has drawn my attention to the evidence of P.W.5 and P.W.8 who are Jamath Members and Exhibit P10 with regard to the accident register for the alleged incident taken place on 03.07.2014 followed by another dowry complaint in C.S.R.No.18 of 2014 on 1st April 2014, as could be seen from Exhibit P12 which was spoken to by P.W.3 and P.W.4.
7. After going through the evidence, I am not inclined to allow this petition.
8. Accordingly, this Criminal Miscellaneous Petition is dismissed with liberty to move in future.
-sd/- 07/08/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SESSIONS JUDGE MAGALIR NEETHI MANDRAM [FAST TRACK MAHILA COURT] VILLUPURAM 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ELAVANASURKOTTAI POLICE STATION, VILLUPURAM DISTRICT.
5 THE SUPERINTENDENT CENTRAL PRISON,CUDDALORE C.C. to M/S.V.SUGUNA Advocate on payment of necessary charges Order in CRL MP.10625/2017 in CRL A.532/2017 Date :07/08/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 10/08/2018