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2013 DIGILAW 707 (MAD)

Jayanthi v. State, rep. by the Inspector of Police, Railway Police Station, Trichy

2013-01-31

T.SUDANTHIRAM

body2013
JUDGMENT : 1. This Petition is filed, praying to call for the records in P.R.C. No.21 of 2012 in Crime No. 217 of 2011, pending on the file of the learned Judicial Magistrate No. Iv, Trichy and quash the same. 2. The Respondent/Police had filed a Final Report against the Petitioner for an offence punishable under Section 306 of I.P.C., before the learned Judicial Magistrate No. IV, Trichy in P.R.C. No.21 of 2012. It is brought to the Notice of this Court that the case has been committed to the Court of Sessions, Trichy in S.C.No.1 of 2013. 3. As per the Final Report, the case of the prosecution is that the Accused/Petitioner herein is the wife of the deceased Sugumaram. They were residing in a house at Trichy and at that time, the Petitioner suspected her husband that he was having illicit intimacy with other ladies. Under such circumstances, she was quarreling with her husband and the ladies, who were residing nearby. Due to unbearable torture given by the wife, on 22.4.2011, the deceased stabbed his wife with knife on her neck and stomach and on the impression that she may die, he left the house and on 24.4.2011 he went to Railway track at Ponmalai, Trichirapalli Town and committed suicide by falling in front of the train on the track. 4. The learned Counsel for the Petitioner submitted that the Respondent/Police had erroneously filed a Final Report against the Petitioner stating that though absolutely there is no material to show that the Petitioner had instigated the husband/deceased for committing suicide, the ingredients under Section 306 of I.P.C. are totally absent. On the other hand, the facts of the case would reveal that the husband/deceased attacked the Petitioner with knife and caused injuries to her. There is no mens rea on the part of the Petitioner to connect her with the act of the deceased for committing suicide. 5. Per contra, the learned Government Advocate (Criminal Side) for the State submitted that the deceased had left a Suicidal Note and on reading of the Suicidal Note, it would disclose that the Petitioner had given trouble to her husband/deceased and she had unnecessarily suspected the husband/deceased. 6. This Court considered the submissions made on both sides and perused the materials on record. 7. 6. This Court considered the submissions made on both sides and perused the materials on record. 7. On perusal of the materials, it reveals that no witness would speak about the instigation by the Petitioner for committing suicide of the husband/deceased. It appears that there would be quarrel among the husband and wife and the relationship among them was also strange. Even the Suicidal Note reveals the there were continuous dispute among the husband and wife. They have one son namely, Vikaram. Due to the intervention of one Meena, who was a neighbor, the husband and wife were in trouble. The husband/deceased had stabbed the Petitioner with knife on stomach and neck and left the home. From the materials it also appears that even after leaving the home, he had attended office for one day and thereafter, he had committed suicide by falling in front of the train. The Suicidal Note was available in his pocket. 8. Absolutely there is no material to show that the Petitioner had instigated her husband/deceased to commit suicide. On the other hand, the Suicidal Note reveals that after stabbing the Petitioner, the deceased was under the impression that she would die. In the said circumstance, he had taken a decision to commit suicide. For committing suicide, the husband/deceased alone was responsible. Therefore, this Court feels that the Respondent/Police ought not to have filed a Final Report against the Petitioner charging under Section 306 of I.P.C. 9. For the above said reason the proceedings against the Petitioner in P.R.C. No.21 of 2012 on the file of the learned Judicial Magistrate No. IV, Trichy is quashed and this Criminal Original Petitioner is ordered accordingly.