Dharmalingam v. State Rep. By

Crl.O.P.No.22356 of 2019 in Crl.A.No.SR35967 of 2019 Crl.O.P.No.22356 of 2019 in Crl.A.No.SR35967 of 2019 P.N.PRAKASH, J.

The deceased Shobana got married to Ananth (A1) on 12.10.2010 and committed suicide on 13.07.2014 by hanging, for which, Ananth (A1) and his parents were prosecuted in S.C.No.71 of 2016 before the Mahila Court, Chennai, for the offences under Section 498-A and 304-B or in alternate 306 IPC.

2. The Trial Court, by judgment and order dated 30.05.2019, has acquitted them of the offence under Section 304-B/306 IPC, but, convicted them of the offence under Section 498-A IPC and sentenced them to undergo two years simple imprisonment and to pay a fine of Rs.5,000/-, each, in default to undergo six months simple imprisonment.

3. Challenging the acquittal under Section 304-B/306 IPC, Dharmalingam, father of the deceased Shobana, is seeking leave to appeal.

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Crl.O.P.No.22356 of 2019 in Crl.A.No.SR35967 of 2019 P.N.PRAKASH, J.

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4. The learned counsel for the petitioner brought to the notice of this Court that the Doctor (PW8), who performed autopsy on the body of the deceased Shobana, has noted injuries on the head of the deceased, which shows that the deceased was subjected to physical violence and that had pushed her to commit suicide.

5. The petitioner has raised substantial grounds in the appeal, which requires consideration. Hence, special leave is granted.

6. The learned Government Advocate (Crl.Side) is directed to verify the number of the appeal filed by the accused challenging the conviction under Section 498-A IPC.

The Registry is directed to number the appeal, if the same is otherwise in order.

21.08.2019 nsd Crl.O.P.No.22356 of 2019 in Crl.A.No.SR35967 of 2019 2/2 http://www.judis.nic.in