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[Cites 11, Cited by 0]

Madras High Court

Dhavamani vs State Represented By on 31 October, 2025

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                       Crl.A.Nos.200 of 2019 and 442 of 2021



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 31.10.2025

                                                              CORAM :

                                        The Hon'ble Mr.JUSTICE N.SATHISH KUMAR
                                                             and
                                           The Hon'ble Mr.Justice M.JOTHIRAMAN

                                        Criminal Appeal Nos.200 of 2019 and 442 of 2021


                     Crl.A.No.200 of 2019 :

                     Dhavamani                                                    .. Appellant

                                  Vs.

                     1.State represented by
                       Inspector of Police,
                       Kadathur Police Station,
                       Erode District
                       Crime No.253 of 2017

                     2.Suresh @ Lingeshwaran
                     3.Kanammal                                                   .. Respondents

                     Crl.A.No.442 of 2021 :

                     State rep by
                     The Inspector of Police,
                     Kadathur Police Station,
                     Erode District
                     (Crime No.253 of 2017)                                       .. Appellant

                                  Vs.


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                     1.Suresh @ Lingeshwaran
                     2.Kannammal                                                   .. Respondents



                     Crl.A.No.200 of 2019 has been filed under Section 372 Cr.P.C. seeking
                     to set aside the order of acquittal dated 25.09.2018 passed in S.C.No.2 of
                     2018 by the learned Sessions Judge (Fast Track Mahila Court), Erode,
                     Erode District and convict the accused and pass such other or other
                     orders as this Hon'ble Court may deem fit and proper under the above
                     circumstance of the case and thus render justice.
                     Crl.A.No.442 of 2021 has been filed under Section 378 Cr.P.C. seeking
                     to set aside the judgment of acquittal of respondents / accused [A-1 and
                     A-2] passed in S.C.No.2/2018 dated 25.09.2018 by the learned Sessions
                     Court, Fast Track Mahila Court, Erode, Erode District, convict them in
                     accordance with law and thus render justice.

                                  For Appellants                : Mr.V.Gopinath, Senior Advocate
                                                                  for Mr.Swami Subramanian
                                                                   in Crl.A.No.200 of 2019

                                                                  Mr.A.Damodharan,
                                                                  Additional Public Prosecutor
                                                                  assisted by Ms.M.Arifa Thasneem
                                                                  in Crl.A.No.442 of 2021

                                  For Respondents               : Mr.A.K.Kumarasamy, Senior Advocate
                                                                  for Mr.S.Kaithamalai Kumaran
                                                                  for RR2 & 3 in Crl.A.No.200 of 2019
                                                                  and
                                                                  for RR1 & 2 in Crl.A.No.442 of 2021




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                                                                   Mr.A.Damodharan,
                                                                   Additional Public Prosecutor
                                                                   assisted by Ms.M.Arifa Thasneem
                                                                   for R1 in Crl.A.No.200 of 2019

                                                                   ----

                                                   COMMON JUDGEMENT

                            (Judgment of the Court was made by N.SATHISH KUMAR, J.)

                                  Aggrieved over the acquittal of the accused by a judgment, dated

                     25.09.2018 made in S.C.No.2 of 2018 on the file of the Sessions Court

                     (Fast Track Mahila Court), Erode, Erode District, the appellant / defacto

                     complainant has filed Crl.A.No.200 of 2019 and the State has preferred

                     Crl.A.No.442 of 2021. A-1 has faced charges under Sections 498A,

                     120B, 302 and 203 IPC and A-2 was charged under sections 120B, 302

                     read with section 120B and 203 IPC.

                     Facts of the prosecution case :

                                  2.The brief facts of the prosecution case is as follows:

                                  2.1.The deceased Manjula is the wife of A-1 Suresh @

                     Lingeshwaran. A2 Kannammal is the mother of A-1. According to

                     P.W.1, who is the mother of the deceased, the marriage between

                     deceased and A-1 was solemnised on 07.06.2015 at Eengur Thambirati

                     Amman temple. At the time of marriage, A-1 was working as a software

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                     engineer in Vaika Technology at Coimbatore and at the time of marriage,

                     30 sovereigns of jewels and 3 sovereigns of bracelet for A-1 and other

                     household articles were given to the accused. After marriage, A-1 and

                     deceased were residing in a joint family at Ayipalayam. Since the

                     deceased faced certain difficulties in going to job from there, a separate

                     residence was set up at Coimbatore after three months. At that time also,

                     household articles at the costs of Rs.50,000/- were given. The son of

                     P.W.1 and P.W.1's sister son, namely P.W.2 were also staying along with

                     deceased as they were studying there. A-1 used to quarrel with the

                     deceased and demanded to get money from P.W.1 and there were

                     frequent quarrel. From the wedlock, a girl child was born to A-1 and

                     deceased. During the month of June, 2017, the deceased came to the

                     house of P.W.1 for attending marriage of a relative and at that time, she

                     left all her jewels with P.W.1. Thereafter, A-1 demanded the jewels back

                     and therefore, there were quarrel arose between them. On 03.07.2017, A-

                     1 came to the house in intoxicated stage and quarreled with deceased.

                     Thereafter, P.W.1 along with her relatives, went to Ayipalayam and

                     handed over the jewels to the accused. On 17.08.2017, P.W.1 called her

                     daughter. At that time, the deceased Manjula informed P.W.1 that she


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                     was afraid of living with the A1 as he was treating her badly and

                     deceased was pacified by P.W.1. On the next day, P.W.1 called her

                     daughter over phone but she did not pick the phone. Later, P.W.2

                     (P.W.1's sister son) had informed P.W.1 that A-1 has informed him that

                     the deceased had committed suicide and was taken to the hospital.

                     Immediately, P.W.1 and her husband and other relatives rushed to the

                     house of A-1 where the dead body was kept. On finding some contusion

                     on the neck, P.W.1 suspected some foul play and after all the relatives

                     came, they decided to give a complaint. Accordingly, they lodged Ex.P.1

                     complaint with the police.

                                  2.2.P.W.2, who is sister's son of P.W.1, on hearing the news from

                     A-1 that the deceased had committed suicide and after informing the

                     news to P.W.1, went to A-1's house. At that time, when he went there,

                     the body of the deceased was kept in the home. When P.W.2 enquired A-

                     1, he was informed that the deceased committed suicide. P.W.3 has

                     witnessed A-1 demanding jewels from P.W.1. P.W.17, Sub Inspector of

                     Police received the Ex.P.1 complaint and registered the crime in Crime

                     No.253 of 2017 under section 174 Cr.P.C. (hanging) and FIR which was

                     registered under Ex.P.16, was forwarded to P.W.16, Revenue Divisional


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                     Officer to conduct inquest and the copies were also sent to superior

                     officers.

                                  2.3.P.W.16, RDO conducted inquest on the dead body of the

                     deceased and recorded the statements of witnesses and prepared the

                     inquest report Ex.P.13. He opined that the death of the deceased was not

                     due to the cruelty in connection with the dowry demand. However, he

                     has          recommended    for      further        investigation.          P.W.19         Deputy

                     Superintendent of Police took up the investigation on 19.08.2017 and

                     went to the place of occurrence at about 10.15 a.m. He observed the

                     place of occurrence and prepared Ex.P.2 observation mahazar and

                     Ex.P.18, rough sketch in the presence of P.W.5 VAO and one

                     Thirumoorthy and also engaged the service of the photographer P.W.15

                     to take photographs and recorded the statements. He has also given

                     requisition to Forensic Science department.

                                  2.4.P.W.13, Assistant Director of Forensic science department,

                     Coimbatore, on receiving the intimation, went to the place of occurrence

                     and inspected the same and found that there was no damage whatsoever

                     in the fan which was allegedly used for hanging. She has also further

                     deposed that the parts of the ceiling fan are not damaged and the dust


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                     was very much present on the fan. P.W.11 medical officer in Abi S.K.

                     Hospital deposed that on 18.08.2017 at about 10.00 p.m., the deceased

                     was brought to the hospital by A-1 and informed him that she has

                     breathing difficulty. On examination, he found the deceased died and

                     referred the deceased to Gobichettipalayam Government hospital.

                                  2.5.P.W.14   medical      officer         attached         to Gobichettipalayam

                     Government hospital had deposed that the dead body of the deceased was

                     brought to the hospital on 19.08.2017 at 08.00 a.m. On examination, he

                     confirmed the death of the deceased and issued Ex.P.9. As per the

                     request made by RDO P.W.16 under Ex.P.10, PW.14 and the other

                     doctor conducted autopsy over the dead body and found rigor mortis in

                     the dead body. He found the following external injuries on the dead

                     body:

                                   '1)A transverse ligature mark prominent 1 CM Breath.
                                   a) about 10 CM length from middle to right side of
                                   neck. b) 8 CM length from middle 1 cm from left side
                                   of neck skin erythema.
                                   2)Bluish    discolouration          of      both          hand     upto
                                   metacarpophalangeal joint.
                                   3)Multiple linear abrasion mark with erythema over
                                   back upto lower rib cage.


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                                   4)A small abrasion over lower lip present.'
                     After conducting internal examination, he finally issued postmortem

                     certificate Ex.P.11 and opined that the deceased appears to have died of

                     asphyxia due to violent compression of neck by ligature strangulation.

                                  2.6.In the meanwhile, P.W.8 VAO, while he was in the office on

                     21.08.2017 at about 02.00 p.m., A-1 appeared before him and gave an

                     extra judicial confession, admitting the crime. P.W.8 had recorded the

                     confession of A-1 in Ex.P.3 and gave a special report Ex.P.4 and handed

                     over A-1 to the investigating officer P.W.19. P.W.19 arrested A-1 and

                     altered the crime to sections 120B and 302 IPC under Ex.P.19, alteration

                     report. Thereafter, he recorded the confession of A-1 in the presence of

                     P.W.8 and other witness. The admitted portion of the confession of A-1

                     is Ex.P.5. Pursuant to the confession, the investigating officer seized the

                     iron box M.O.1 from one white bag M.O.2 under Ex.P.6 mahazar and

                     thereafter, forwarded A-1 to the court. The investigating officer, later,

                     examined all the witnesses and obtained postmortem certificate and also

                     examined forensic science officials. P.W.19 deposed that from the

                     investigation, as it is found that the death was not due to dowry

                     harassment, he handed over the case file to P.W.20 Inspector of Police



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                     for further investigation. P.W.20 examined the witnesses who were

                     examined by P.W.19 and as the witnesses gave similar statements as the

                     one given to P.W.19, he did not record their statements separately. After

                     obtaining the viscera report Ex.P.20, he obtained the final report from the

                     Doctor P.W.14. On 20.10.2017, he arrested A-2 near the bus stop and

                     recorded her confession, forwarded the accused to the Court and finally,

                     after examining all other witnesses, laid the final report against the

                     accused under sections 120B, 302, 498A and 203 IPC.

                                  3.On appearance of the accused, the provisions of Section 207

                     Cr.P.C. were complied with and the case was committed to the Court of

                     Session in S.C.No.2 of 2018 and was made over to the Sessions Judge

                     (Fast Track Mahila Court), Erode for trial.

                     Charges against the accused :

                                  4.The trial Court framed the following charges against the

                     accused:

                                       Accused                           Charges
                                  A1              Sections 498A, 120B, 302 and 203 IPC
                                  A2              Sections 120B, 302 r/w 120B and 203 IPC



                                  5.To prove the case, the prosecution has examined as many as 20



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                     witnesses, namely P.W.1 to P.W.20 and marked 21 documents, namely

                     Ex.P.1 to Ex.P.21 and produced 6 material objections, namely M.O.1 to

                     M.O.6.




                                  6.On completion of the evidence on the side of the prosecution, the

                     accused were questioned under section 313 Cr.P.C. as to the

                     incriminating circumstances found against them in the evidence adduced

                     by the prosecution witnesses. They denied all the incriminating

                     circumstances as false. On the side of the defence, no evidence was

                     recorded and no documents were marked.

                                  7.The trial Court, after appreciating the oral and documentary

                     evidence and materials on record, by judgment dated 25.09.2018

                     acquitted both the accused from the charges levelled against them.

                                  8.Challenging the acquittal order, Crl.A.No.200 of 2019 has been

                     filed by the defacto complainant and Crl.A.No.442 of 2021 has been

                     filed by the State seeking to convict the accused.

                     Submissions on the side of Appellants :

                                  9.The learned senior counsel appearing for the appellant in


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                     Crl.A.No.200 of 2019 and learned Additional Public Prosecutor for the

                     appellant State in Crl.A.No.442 of 2021 made elaborate arguments

                     against the acquittal of the accused by the trial court. They submit that

                     the trial court has not appreciated the entire evidence properly. The

                     medical officer's evidence clearly shows that the death of the deceased is

                     not due to hanging, whereas the medical officer in his evidence clearly

                     stated that the death of the deceased is only due to strangulation by the

                     iron box cable. The entire evidence of the medical officer clearly

                     indicates that there are ligature marks in the neck. There are transverse

                     ligature marks, one in the neck measuring about 10cm from middle and

                     extending right side and second ligature mark measuring 8 cm extending

                     left side and there was contusion in the neck portion of the skin and

                     bluish discolouration on both hands upto metacarpophalangeal joint.

                     There are multiple linear abrasion mark with erythema over back upto

                     lower rib cage and there is a small abrasion over lower lip. Further, the

                     learned counsel also submits that the above injuries noted by the medical

                     officer clearly shows that there are strangulation marks and abrasion

                     marks and it is clearly proved that it is a case of homicidal violence. The

                     learned counsel would submit that there is no saliva discharge from the


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                     mouth and the tongue was not protruding and therefore, it is not a case of

                     hanging as stated by the accused and that the prosecution has proved the

                     homicidal violence.




                                  10.Both learned counsel would submit that admittedly, on the date

                     of occurrence, only the accused and deceased were together in the house.

                     Therefore, it is for the accused to explain as to what has transpired inside

                     the house and that is the fact which is clearly within the knowledge of

                     the accused and the same has not been properly explained. Except stating

                     that the deceased had some connection with P.W.9, no other explanation

                     was forthcoming from the accused. It is further submitted that though the

                     theory of alleged dowry harassment and cruelty has not been established,

                     even during the RDO enquiry, namely P.W.16, the fact of homicidal

                     violence has been clearly established. Therefore, it has to be held that

                     only the accused who has strangulated the deceased with M.O.1, Iron

                     box cable. The trial court has not appreciated the evidence and the facts

                     in this regard properly and had extended the benefit of doubt to the

                     accused. But it is a clear case of homicidal violence and therefore, the


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                     accused are certainly liable to be punished.

                                  11.In support of the above submissions, the learned senior counsel

                     for the appellant defacto complainant has relied on the following case

                     laws:

                                        (a)Trimukh     Maroti         Kirkan         Vs.      State      of

                                  Maharashtra [(2007) 1 SCC (Cri) 80]; and

                                        (b)Javed Abdul Rajjaq Shaikh Vs. State of

                                  Maharashtra [(2020) 1 SCC (Cri) 101].

                                  12.Trimukh Maroti Kirkan case has been relied on to say that

                     when the husband and the wife were last seen together and the

                     occurrence has happened in the house where the husband was residing, it

                     has been held that if the accused does not offer any explanation as to how

                     the wife received injuries or offers an explanation which is found to be

                     false, it is a strong circumstance which indicates that he is responsible for

                     the commission of the offence. Javed Abdul Rajjaq Shaikh case has

                     been relied on by the learned senior counsel to distinguish as to what is

                     throttling, strangulation and hanging and to say that the case on hand is a

                     case of strangulation by the iron box cable.

                     Submissions made on the side of the respondents / accused:


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                                  13.On    the   contrary,         the       learned         counsel         for      the

                     respondents/accused would submit that the entire complaint given by

                     P.W.1 is false and it has been given after due deliberation with the entire

                     family members of P.W.1, the mother of the deceased. It is the specific

                     case of the accused in section 313 Cr.P.C. questioning that he had

                     already suffered fracture in his right hand and on the date of the

                     occurrence, the accused questioned the deceased as she was continuously

                     talking in cell phone to some third party. The accused had suspected and

                     scolded her. Annoyed over the same, the deceased agitated with the

                     accused, went inside the room and the accused took the child and came

                     out. After some time, on hearing some sound from the house, he went

                     inside along with A-2 and found the deceased hanging in the ceiling fan

                     using a rope. Immediately, with the help of A-2, namely his mother and

                     other neighbours, who came to the spot, the body of the deceased was

                     brought down. Immediately the accused took the deceased to two

                     hospitals and she was declared dead.

                                  14.The learned counsel for the respondents/accused would further

                     contend that the evidence of P.Ws.6 and 7 clearly shows that the two

                     accused were taken to the police station on the same day of the


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                     occurrence and therefore, they were kept in the custody. Therefore, the

                     contention of the prosecution that A-1 appeared before the Village

                     Administrative Officer P.W.8 and has given extra judicial confession on

                     21.08.2017 is highly doubtful, the same has been created only for the

                     purpose of the case. It is the further contention that the nature of the

                     injury noted by the medical officer and the the photographs filed as

                     M.O.3 [series] clearly shows the injury on both sides of the neck and if

                     really there is a manual strangulation as suggested by the prosecution,

                     the injury should have been around the neck which is totally absent in

                     this case. It is the further contention that though some abrasions on the

                     neck were found, such abrasions are possible while bringing the

                     deceased down while she was hanging. Therefore, that by itself cannot

                     be a ground to presume that this is a homicidal violence. Further, the

                     conduct of the accused is not unnatural and as a normal husband, he

                     rushed the deceased to the hospital and not only one hospital but he took

                     the deceased to two hospitals where the doctor declared her dead.

                     Therefore, it is the contention of the counsel for the accused that the

                     theory of the prosecution that it is a homicidal violence is highly

                     improbable.


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                                  15.Further, it is the contention that admittedly A-1 was suffering

                     fracture on his right hand. This has been clearly admitted by P.W.1

                     herself. Just a few days prior to the date of occurrence, A-1 met with an

                     accident on 24.07.2017 in Bengaluru, he was treated in Ganga hospital,

                     Coimbatore and as his right hand got fractured, a bandage was applied.

                     Therefore, when a person who has already suffered a fracture in one of

                     the hands, using M.O.1, iron box cable and strangulating the deceased is

                     highly improbable. If as per the version of the prosecution, M.O.1, iron

                     box cable has been used, there must have been some injuries around the

                     neck and further the iron box would have certainly caused certain

                     injuries on the body of the deceased which is totally absent. Therefore,

                     the theory of the prosecution is highly improbable. The opinion of the

                     medical officer is based on the request made by the                                Investigating

                     Officer. Therefore, there is no ground to hold that the prosecution has

                     established the homicidal violence.

                                  16.The learned counsel has further contended that the theory of

                     defence that the deceased has developed some contact with a third party,

                     namely, P.W.9 and he used to speak regularly with the deceased which

                     was objected by A-1 which resulted in deceased taking the extreme step


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                     is not ruled out. The prosecution has very conveniently omitted to file the

                     call details between P.W.9 and the deceased which has been clearly

                     admitted by the investigating officer. Therefore, it is the contention of

                     the respondent/accused that when the accused has given a clear

                     explanation which is also clearly probable and that the prosecution case

                     is merely on the basis of the medical evidence which is also not

                     conclusive, it cannot be said that the prosecution has established the

                     homicidal violence. The accused have been dragged unnecessarily by the

                     family members of the deceased and after the death of the deceased, the

                     FIR has been filed after due deliberation and discussion which suffers

                     from spontaneity. Further, the theory of the prosecution about the dowry

                     harassment is also found to be false. Hence, it is submitted that the

                     prosecution has miserably failed to establish the guilt of the accused. The

                     trial court has rightly appreciated the entire evidence and acquitted the

                     accused and therefore, the learned counsel for the accused prays for

                     dismissal of both the criminal appeals.

                                  17.In support of his submissions, the learned counsel has relied on

                     the following case laws:

                                  (i)Ramachandran Vs. State [(2009) 1 MLJ (Crl) 620];


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                                  (ii)Subramaniam Vs. State of Tamil Nadu [(2009) 14

                                  SCC 415];

                                  (iii)Duraisamy      Vs.      Gunasekaran             [2010-1-LW(Crl)

                                  1094];

                                  (iv)Sanjay   Dwarka            Rai       Vs.       State       of      M.P.

                                  [MANU/MP/0206/1997];

                                  (v)Chinna @ Chinnasamy Vs. State [2017 (2) MWN

                                  (Cr.) 261 (DB)];

                                  (vi)Kagen Bera and another Vs. State of W.B [AIR 1994

                                  Supreme Court 1511]; and

                                  (vii)Chandrappa Vs. State of Karnataka [(2007) 4 SCC

                                  415].

                                  18.Ramachandran case has been cited by the learned counsel for

                     respondents 2 and 3/accused to say that as to how the ligature marks are

                     caused either in the case of hanging or in the case of strangulation and

                     by relying this case, learned senior counsel for the accused submitted that

                     this is a case of hanging. Subramaniam case has been relied on to

                     contend that the conduct of the accused should be considered and the

                     injuries sustained by the deceased also did not suggest that the death


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                     could have been caused due to strangulation and also to say that since

                     both the accused and the deceased were in the same place at the time of

                     occurrence, it cannot be said that the accused had committed the offence.

                                  19.The learned senior counsel has also relied on an order made by

                     learned Single Judge of this court in Duraisamy case for the proposition

                     that where the case rests mainly on medical opinion, it is the duty of the

                     court before relying on such medical evidence to make it sure that no

                     other contrary opinion is possible. The learned counsel also relied on

                     Sanjay Dwarka Rai case, which is a judgment of Hon'ble Division

                     Bench of Madhya Pradesh High Court [Jabalpur Bench], wherein it has

                     been held that mere suspicion however strong could not form the basis

                     of conviction and when two views are possible, the view which is

                     favourable to the accused should be adopted.

                                  20.A judgment of Hon'ble Division Bench of Madras High Court

                     in Chinna @ Chinnasamy case was relied on to say that the extra

                     judicial confession when shrouded with doubts cannot be sole basis for

                     conviction and the conduct of the accused not absconding from the place

                     of occurrence can be considered.                   Kagen Bera case was relied on

                     regarding the conduct of the accused. The learned senior counsel for the


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                     respondents / accused has also relied on the case of Hon'ble Supreme

                     Court in Chandrappa for the purpose that where two views are possible

                     on evidence on record, the one taken by the trial court in favour of the

                     accused should not be disturbed by appellate court.

                     Discussion and findings :

                                  21.We have perused the entire materials and has paid anxious

                     consideration to the submissions made by learned counsel on both sides.

                                  22.It is not in dispute that the deceased and A-1 were married on

                     07.06.2015.          Previously they were residing in a joint family and

                     thereafter, they have set up a separate house. They were blessed with a

                     female child.         Though P.W.1 in her evidence has stated that at the

                     inception, there was a demand of dowry and the A-1 used to come in a

                     drunken mood and beat the deceased, the entire evidence with regard to

                     dowry demand was found to be false. Even during the inquest by P.W.16,

                     Revenue Divisional Officer, he has clearly recorded that there was no

                     dowry demand and the death of the deceased was not due to cruelty in

                     connection with the dowry. Further, the entire evidence of P.Ws.1, 2 and

                     3 when carefully perused, it is clear that the deceased left her jewels in

                     her parents house and it was objected by the accused. Thereafter, the


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                     jewels were handed over to the accused. Except this, no other aspect has

                     been established. The entire narration made by P.W.1 in her evidence is a

                     clear improvement to Ex.P.1 complaint given at the earlier point of time

                     to say that there was a demand of dowry and cruelty in regard to the

                     same, but the narration of dowry demand and cruelty aspects have been

                     later developed. Be that as it may.



                                  23.It is the case of P.W.1 that on 17.08.2017, she has spoken to her

                     daughter and her daughter told her that the A-1 was ill treating her at the

                     instance of A-2. However, P.W.1 had pacified her daughter and on the

                     next day, when she called the deceased, she did not pick the phone and

                     thereafter, at 10.30 p.m., P.W.2 informed P.W.1 that A-1 told P.W.2 that

                     the deceased Manjula committed suicide and the deceased was taken to

                     the Abi S.K. hospital. Thereafter, they rushed to the house of the

                     deceased and at that time, the dead body was in the house. On seeing the

                     injury on the neck, there arose some suspicion. After all the relatives

                     came, they had a discussion and gave Ex.P.1 complaint to the police.

                                  24.The entire evidence of P.W.1 when carefully perused, it is seen

                     that P.W.1 has projected as if there was a dowry demand from the


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                     accused and the same has been negatived by P.W.16 during his enquiry

                     and the accused has not faced any trial with regard to the dowry demand

                     and the cruelty with regard to the same. The specific charge against the

                     accused was under sections 120B and 302 IPC and also under sections

                     203 and 498A IPC. Therefore, it is clear that the charge against the

                     accused for dowry demand has not been established by the prosecution.

                     Be that as it may. The evidence of P.W.1 when carefully looked into, it is

                     clearly indicated that they suspected some foul play and gave a complaint

                     on the next day. P.W.2 also in his evidence has clearly stated that A-1

                     had only informed him that her sister, namely, deceased committed

                     suicide and therefore, A-1 took her to the Abi S.K.hospital and after the

                     death was confirmed in the hospital, the body was brought to the house.

                     The evidence of P.W.1 when further carefully perused would indicate

                     that A-1 in fact has met with an accident on 24.07.2017 and his right

                     hand got fractured and he was taking treatment in Ganga hospital at

                     Coimbatore. The evidence of P.W.1 in her cross examination indicates

                     that A-1 met with an accident on 24.07.2017 and he was treated for

                     fracture and had been placed bandage using plaster cast on his right hand

                     in the Ganga Hospital, Coimbatore. It was further asserted in her cross


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                     examination as follows:

                                  '03/07/2017f;Fg;      gpwF          vdJ            kfs;         ,wf;Fk;

                                  tiu ehd; vd; kUkfd; tPl;ow;F nghftpy;iy

                                  vd;why; vdJ kUkfDf;F if cile;jnghJ

                                  ghh;f;fg;nghndd;/'

                     The above evidence makes it clear that A-1 has got a fracture on his right

                     hand just 25 days prior to the alleged occurrence.



                                  25.It is the evidence of P.W.6 that on 18.08.2017, on getting the

                     phone call from A-1, he rushed to the spot immediately and took the

                     deceased to the hospital along with A-1. His evidence clearly shows that

                     immediately, they rushed the deceased to the S.K. Hospital and the

                     deceased was examined in the car itself and was declared dead and

                     therefore, they took the deceased to M.R.S hospital and as it was

                     informed that the deceased died, the body was brought to the house. His

                     evidence also clearly shows that A-1 has fractured his right hand and had

                     bandage in his hand. His further evidence would indicate that during

                     night on the same day at 1.30 a.m., the police came there, took the body

                     of deceased to the hospital and also took custody of A-1 and A-2 on the



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                     same day and they were taken to the police station.

                                  26.P.W.7, who is a close relative of the deceased, in his evidence

                     during cross examination has stated that the A-1 and deceased were

                     affectionate and his evidence also clearly shows that on the date of

                     occurrence, A-1 and A-2 were taken to the police station on the same

                     day. P.W.7 in fact is the relative of the deceased and there was no need

                     for him to give a false evidence about the police taking A-1 and A-2 to

                     the custody on the same day. His evidence clearly support the version of

                     P.W.6. Therefore, the prosecution theory that A-1 appeared before the

                     VAO P.W.8 at 02.00 p.m. on 21.08.2017 and gave the extra judicial

                     confession Ex.P.3 narrating the alleged incident is highly doubtful. When

                     the close relative of the deceased and the person who has rushed to the

                     spot immediately on the occurrence day have clearly stated that on the

                     same day, i.e., on 18.08.2017 itself A-1 and A-2 were taken to police

                     custody, therefore, the theory of the prosecution that A-1 appeared before

                     the P.W.8 VAO and gave the extra judicial confession is highly doubtful.

                     We are unable to believe the story of the prosecution with regard to the

                     extra judicial confession.

                                  27.The fact that the A-1 taking the deceased to the hospital


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                     immediately on the same day when she died was also spoken to by

                     P.W.11 medical officer attached to Abi S.K. Hospital. The prosecution

                     has examined P.W.13, the Assistant Director working in the Forensic

                     Science department. According to her on 19.08.2017, she visited the

                     place of occurrence and also inspected the fan which was used for

                     hanging. According to her, there was no damage to the ceiling fan and

                     the dust was very much available in the fan; the cup and doom of the fan

                     were also found with dust and there was no indication that the fan is

                     being used for committing suicide. She has also issued certificate Ex.P.8

                     in this regard. It is relevant to note that Ex.P.8 though is stated to have

                     been given by P.W.13 on 20.08.2017, when it is seen carefully, it comes

                     to light that it has been despatched to Court only on 23.10.2017 and

                     further it reached the court on 05.12.2017 with an inordinate delay. This

                     fact also creates some doubt in preparing Ex.P.8. Further, when the

                     evidence of P.W.13 is analysed carefully, it is seen that as to how P.W.13

                     could identify the fan which was used for hanging, is not clearly stated

                     and she feign ignorance with regard to the same. She has further stated in

                     her cross examination that the fan was in the height of 6 feet and it was

                     also admitted that a person who is 5-1/2 feet height can easily reach the


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                     fan which is above 6 feet, Further, she has also stated that she did not

                     know as to whether the fan is in working condition or not. The evidence

                     of P.W.13 appears to be very artificial in nature. In her cross

                     examination, P.W.13 has stated that the fan is situated in the height of 6

                     feet from the bottom, whereas from the observation mahazar Ex.P.2

                     prepared by the investigating officer, it is seen that the fan was situated

                     in a reaper which is situated 14 feet height from the ground and the fan is

                     situated in the height of 8 feet from the ground. This fact creates a

                     serious doubt about the veracity of Ex.P.2 observation mahazar and this

                     has been relied on by the prosecution to show that the deceased could not

                     have reached the ceiling fan to commit suicide but the evidence of

                     P.W.13 and Ex.P.2 observation mahazar speak contrary to each other.

                     According to P.W.13, the fan is found at the height of 6 feet, whereas in

                     the observation mahazar, it is shown that it is situated at the height of 8

                     feet.

                                  28.It is also the case of the prosecution that the door was not

                     locked from inside but in this regard, the evidence of P.W.5, VAO, who

                     is the witness for observation mahazar and rough sketch, clearly shows

                     that if the the door in that room is not locked, one could go inside if one


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                     pushed the door. This fact also creates some doubt about the very nature

                     of the prosecution. It is the specific case of the prosecution that M.O.1

                     iron box with cable has been used to strangulate the deceased. This court

                     has carefully examined M.O.1 and it is seen that the iron box is attached

                     with cable on one hand and at the other end of the cable with three pin

                     plug. If really the iron box with cable has been used, there must be at

                     least injury around the neck which is found missing, whereas contusion

                     is found only on the right and left side of the neck and no injury

                     whatsoever is found around the neck and back of the neck. Admittedly, it

                     is the case of the prosecution that the iron box with cable and three pin

                     plug has been used for strangulation. In such a case, either the iron box

                     or the three pin plug in the iron box should have caused some injury if it

                     had some contact with the neck but no such injury whatsoever was

                     found by the medical officer.

                                  29.Further, it is the specific case of the prosecution that only A-1

                     had strangulated while the deceased was sleeping, but admittedly, the

                     right hand of A-1 had got fractured and he had bandage of plaster cast on

                     his right hand and therefore, the prosecution theory that A-1 has used the

                     iron box cable for strangulating the deceased is highly improbable and


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                     creates a serious doubt. Further, the doctor has also opined as if the cable

                     in the iron box contained some dirt of the neck. In such a case, at least

                     the iron box should have been subjected to forensic examination to find

                     out if any skin part of the deceased is found in the iron box cable but the

                     prosecution has not made out any attempt to conduct such forensic

                     examination to unearth the truth with regard to the alleged incident. If it

                     is a case of strangulation, the ligature mark would be horizontal or

                     transverse continuous, round the neck, low down in the neck below the

                     thyroid, the base of the groove or furrow being soft and reddish.

                     Admittedly, no injury whatsoever is noted by the medical officer round

                     the neck, whereas ligature mark found by the medical officer is extended

                     from centre to right neck and between chin and larynx. No doubt, a

                     abrasion on the back of the body was found. We are of the view that

                     merely because there is abrasion on the back of the body, we cannot

                     come to a conclusion that it is a clear case of strangulation. Such

                     abrasion could also be possible while the deceased's body was brought

                     down and kept on the floor and the deceased was also taken to not only

                     one hospital but two hospitals immediately. Therefore, the possibility of

                     getting such abrasion also cannot be ruled out. No doubt, saliva has not


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                     come out from the mouth and no saliva whatsoever was found near the

                     neck. The explanation of the accused clearly indicates that annoyed over

                     the questioning of the A-1 to the deceased about the frequent calls to a

                     third party, she went inside the house and A-1 was with the child outside

                     of the house. After hearing sound from inside home, A-1 immediately

                     rushed to the spot and raised voice. A-2 and neighbours came and

                     brought down the deceased. There is absolutely no evidence with regard

                     to the aspect that if within such a short span of time, whether saliva will

                     come out or not. The evidence of the medical officer has not explained

                     this aspect. Therefore, we are of the view that the prosecution has not

                     established the clear case of strangulation. Though the post mortem

                     doctor has not explained anything in his post mortem report, he has given

                     an opinion only based on the report from the chemical examiner. The

                     medical officer has opened that the deceased would appear to have died

                     of asphyxia due to violent compression of neck by ligature strangulation.

                     In his post mortem certificate, he was not in a position to give the

                     opinion and the report from the forensic science department came only

                     on 06.10.2017 and based on that, he has given the opinion. Be that as it

                     may.


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                                  30.Admittedly, A-1 has got fracture on his right hand and if

                     strangulation has happened using the iron box with cable and when at the

                     other end of the cable, the three pin plug is available, then there must be

                     at least some injuries around the neck which is totally absent. Therefore,

                     we are unable to accept the prosecution case of homicidal violence which

                     creates a serious doubt. Though the evidence of post mortem doctor

                     indicates and gives a view as if there is homicidal violence, the other

                     view that the strangulation would not have been caused, as discussed

                     above, is also available. Therefore, when there are two views possible,

                     the one view which is in favour of the accused has to be accepted. This is

                     the fundamental of criminal jurisprudence. No doubt, when any such

                     occurrence has happened and when it has happened inside the house

                     where the husband and wife alone are available, it is for the accused to

                     explain what has transpired inside between them on the particular date

                     and time. It is for the accused to explain what has transpired on the date

                     of the occurrence. In the absence of any explanation by the accused to

                     explain any fact which is especially within the knowledge of the accused,

                     it also gives additional link against him but at the same time, to apply

                     that presumption as against the accused, the prosecution must have


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                     proved clinchingly the foundational facts and the same should have been

                     clearly established by the prosecution that it is only the homicidal death.

                     Therefore, the accused cannot be directed to discharge the initial burden

                     under section 106 of the Evidence Act, 1872 in a given case. Further, the

                     accused has also clearly explained the circumstances under which the

                     deceased committed suicide.

                                  31.In the written statement filed under section 313 Cr.P.C., it has

                     been clearly stated that the deceased used to speak to P.W.9 Dinesh and

                     he has also sent messages, for which A-1 has warned the deceased many

                     times. Despite the same, she continued to speak to P.W.9. On 18.08.2017

                     also, she was speaking with P.W.9 in the cell phone. When questioned by

                     the A-1, the deceased did not answer properly. Therefore, the A-1

                     scolded her. Annoyed by the same, she went inside the room. Thereafter,

                     A-1 took the child and went out. On hearing the sound from inside, A-1

                     rushed to the spot and found that the deceased was hanging with rope. A-

                     2 and others rushed to the spot and they brought the deceased down and

                     kept the body on the floor. Immediately, they all took the deceased to

                     hospital. When the above statement is carefully considered with the

                     evidence of P.W.9 and the investigating officer, the explanation of the


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                     accused is more plausible. P.W.9 Dinesh was examined. His evidence

                     clearly indicates that the deceased and P.W.9 were schoolmates and they

                     studied upto 10th standard together and on 31.07.2017, he has also sent

                     whatsapp to deceased 'Hai, how are you'. Though after marriage, he did

                     not maintain relationship, the deceased again met him with regard to loan

                     transaction. His cross examination clearly indicates that he has spoken to

                     the deceased and he is also aware of the number of the deceased. He has

                     also admitted that the details with regard to the call summary was taken

                     by the police. P.W.19 has admitted that he obtained call details of P.W.9

                     and deceased but having been obtained the call details, he has not filed

                     the same before the court for the reasons best known to him. When

                     P.W.9 himself indicates that there was some message sent by him in

                     whatsapp and when the explanation offered by the accused is also

                     probable, coupled with the fact that the call details have been suppressed

                     and has not been filed before the court, as discussed above, this court is

                     of the considered view that A-1 strangulated the deceased by using

                     M.O.1 is highly improbable. Further despite the opinion of the doctor

                     that he has found some dirt on the M.O.1 iron box cable, for the reasons

                     best known to the investigating officer, the same was not subjected to


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                     forensic examination to find out if any body parts or tissues of deceased

                     are found in the M.O.1. Therefore, this also causes some doubt on the

                     prosecution case. The conduct of A-1 appears to be normal and he only

                     informed P.W.2 at the first instance about the occurrence and

                     immediately, rushed the deceased to the hospital. This conduct does not

                     indicate any attempt by the A-1 to abscond or to hide the evidence.

                     Therefore, the conduct of the A-1 was normal and shows his bona fide

                     conduct.

                                  32.It is relevant to refer to a decision of Hon'ble Supreme Court in

                     Shambu Nath Mehra v. State of Ajmer reported in (1956) 1 SCC 337

                     with regard to the burden of proof in the light of Section 106 of the

                     Evidence Act, 1872 and the relevant paragraphs in this regard are

                     paragraphs 11 and 13 which read as follows:

                                    '11. This lays down the general rule that in a criminal case
                                    the burden of proof is on the prosecution and Section 106
                                    is certainly not intended to relieve it of that duty. On the
                                    contrary, it is designed to meet certain exceptional cases in
                                    which    it   would     be     impossible,        or       at   any     rate
                                    disproportionately difficult, for the prosecution to establish
                                    facts which are “especially” within the knowledge of the
                                    accused and which he could prove without difficulty or



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                                  inconvenience. The word “especially” stresses that. It
                                  means facts that are pre-eminently or exceptionally within
                                  his knowledge. If the section were to be interpreted
                                  otherwise, it would lead to the very startling conclusion
                                  that in a murder case the burden lies on the accused to
                                  prove that he did not commit the murder because who
                                  could know better than he whether he did or did not. It is
                                  evident that that cannot be the intention and the Privy
                                  Council has twice refused to construe this section, as
                                  reproduced in certain other Acts outside India, to mean that
                                  the burden lies on an accused person to show that he did
                                  not commit the crime for which he is tried. These cases are
                                  Attygalle v. R. [Attygalle v. R., 1936 SCC OnLine PC 20 :
                                  AIR 1936 PC 169] and Seneviratne v. R. [Seneviratne v.
                                  R., 1936 SCC OnLine PC 57 : (1936) 44 LW 661]
                                  13. We recognise that an illustration does not exhaust the
                                  full content of the section which it illustrates but equally it
                                  can neither curtail nor expand its ambit; and if knowledge
                                  of certain facts is as much available to the prosecution,
                                  should it choose to exercise due diligence, as to the
                                  accused, the facts cannot be said to be “especially” within
                                  the knowledge of the accused. This is a section which must
                                  be considered in a commonsense way; and the balance of
                                  convenience and the disproportion of the labour that would
                                  be involved in finding out and proving certain facts
                                  balanced against the triviality of the issue at stake and the
                                  ease with which the accused could prove them, are all


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                                    matters that must be taken into consideration. The section
                                    cannot be used to undermine the well-established rule of
                                    law that, save in a very exceptional class of case, the
                                    burden is on the prosecution and never shifts. '
                                                                             (Emphasis supplied)



                                  33.In State of Madhya Pradesh v. Balveer Singh reported in 2025

                     LiveLaw (SC) 243, the Hon'ble Supreme Court has held as follows :

                                        “75.Thus, from the aforesaid decisions of this Court,
                                  it is evident that the court should apply Section 106 of the
                                  Evidence Act in criminal cases with care and caution. It
                                  cannot be said that it has no application to criminal cases.
                                  The ordinary rule which applies to criminal trials in this
                                  country that the onus lies on the prosecution to prove the
                                  guilt of the accused is not in any way modified by the
                                  provisions contained in Section 106 of the Evidence Act.


                                        76.Section 106 cannot be invoked to make up the
                                  inability of the prosecution to produce evidence of
                                  circumstances pointing to the guilt of the accused. This
                                  section cannot be used to support a conviction unless the
                                  prosecution has discharged the onus by proving all the
                                  elements necessary to establish the offence. It does not
                                  absolve the prosecution from the duty of proving that a



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                                  crime was committed even though it is a matter specifically
                                  within the knowledge of the accused and it does not throw
                                  the burden on the accused to show that no crime was
                                  committed. To infer the guilt of the accused from absence of
                                  reasonable explanation in a case where the other
                                  circumstances are not by themselves enough to call for his
                                  explanation is to relieve the prosecution of its legitimate
                                  burden. So, until a prima facie case is established by such
                                  evidence, the onus does not shift to the accused.


                                        77.Section 106 obviously refers to cases where the
                                  guilt of the accused is established on the evidence produced
                                  by the prosecution unless the accused is able to prove some
                                  other facts especially within his knowledge which would
                                  render the evidence of the prosecution nugatory. If in such
                                  a situation, the accused offers an explanation which may be
                                  reasonably true in the proved circumstances, the accused
                                  gets the benefit of reasonable doubt though he may not be
                                  able to prove beyond reasonable doubt the truth of the
                                  explanation. But if the accused in such a case does not give
                                  any explanation at all or gives a false or unacceptable
                                  explanation, this by itself is a circumstance which may well
                                  turn the scale against him. In the language of Prof.
                                  Glanville Williams:
                                  “All that the shifting of the evidential burden does at the
                                  final stage of the case is to allow the jury (Court) to take

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                                  into account the silence of the accused or the absence of
                                  satisfactory explanation appearing from his evidence.”
                                                                        (Emphasis supplied)

                                        78.To recapitulate the foregoing : What lies at the
                                  bottom of the various rules shifting the evidential burden or
                                  burden of introducing evidence in proof of one’s case as
                                  opposed to the persuasive burden or burden of proof, i.e.,
                                  of proving all the issues remaining with the prosecution
                                  and which never shift is the idea that it is impossible for the
                                  prosecution to give wholly convincing evidence on certain
                                  issues from its own hand and it is therefore for the accused
                                  to give evidence on them if he wishes to escape. Positive
                                  facts must always be proved by the prosecution. But the
                                  same rule cannot always apply to negative facts. It is not
                                  for the prosecution to anticipate and eliminate all possible
                                  defences or circumstances which may exonerate an
                                  accused. Again, when a person does not act with some
                                  intention other than that which the character and
                                  circumstances of the act suggest, it is not for the
                                  prosecution to eliminate all the other possible intentions. If
                                  the accused had a different intention that is a fact
                                  especially within his knowledge and which he must prove
                                  (see Professor Glanville Williams—Proof of Guilt, Ch. 7,
                                  page 127 and following) and the interesting discussion—
                                  para 527 negative averments and para 528 — “require



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                                  affirmative counter-evidence” at page 438 and foil, of
                                  Kenny’s outlines of Criminal Law, 17th Edn. 1958.”



                                  34.In Pradeep Kumar Vs. State of Chhattisgarh reported in

                     (2023) 5 SCC 350, the Hon'ble Supreme Court has held that where heavy

                     reliance is placed on circumstantial evidence, when two views are

                     possible, one pointing to the guilt of the accused and the other towards

                     his innocence, the one which is favourable to the accused must be

                     adopted. Paragraph 27 of the above decision in this regard is as follows:

                                   '27. It is important to note that the cardinal principles in the
                                   administration of criminal justice in cases where heavy
                                   reliance is placed on circumstantial evidence, is that where
                                   two views are possible, one pointing to the guilt of the
                                   accused and the other towards his innocence, the one which
                                   is favourable to the accused must be adopted. [Kali
                                   Ram v. State of H.P. [Kali Ram v. State of H.P., (1973) 2
                                   SCC 808 : 1973 SCC (Cri) 1048] ] '



                                  35.Therefore, this court is of the considered view that the

                     prosecution has not proved its case of homicidal violence beyond

                     reasonable doubt. The evidence with regard to the extra judicial

                     confession of A-1 given before P.W.8 is not believable in the light of the


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                     evidence of P.Ws.6 and 7. They have stated in their evidence that the

                     police came to the house of A-1 on the date of occurrence and has taken

                     custody of both A-1 and A-2. When that being the case, the extra judicial

                     confession of A-1 is improbable and is highly doubtful. There are

                     contradictions in the evidence of P.W.13 and in Ex.P.2 observation

                     mahazar with regard to the height in which the fan is fixed and therefore,

                     the veracity of Ex.P.2 is doubtful. Besides, the case of the prosecution

                     that A-1 has strangulated the deceased is also highly improbable because

                     of the fact that A-1 suffered a fracture on his right hand few days prior

                     the the date of occurrence and had a bandage in his right hand. The fact

                     that A-1 had a bandage on his right hand on the date of occurrence was

                     spoken to by the evidence of P.W.6 in the cross examination and

                     therefore, the theory of the prosecution relating to the strangulation of

                     deceased by A-1 is improbable. As per the prosecution, the iron box with

                     cable was used for strangulation and dirt of the skin was also found in

                     the iron box cable. If that is so, the iron box with cable should have been

                     subjected to scientific examination to find out the truth. But for the

                     reasons best known to him, the investigating officer has failed to do so.

                     The explanation offered by A-1 in section 313 Cr.P.C. questioning is


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                     found probable when it is considered with other materials on record and

                     it is consistent with normal human conduct. It is coupled with the other

                     conduct of A-1 who has immediately informed about the commission of

                     suicide by the deceased to the relatives of the deceased and taking the

                     deceased to two hospitals, shows the natural behaviour of A-1 and it also

                     shows that he has not made any attempt to conceal the offence. So, this

                     conduct of the accused must also be weighed in favour of the accused.

                                  36.In view of the above discussions and the case laws, this court is

                     of the considered view that when there are two views available, i.e., one

                     for strangulation and the other one for hanging, the view in favour of the

                     accused should be accepted and the accused has to be necessarily given

                     the benefit of doubt.

                                  37.In the light of the above, this court does not find any merit in

                     the contentions of the appellant in both the criminal appeals and both

                     criminal appeals are liable to be dismissed. The judgment of conviction

                     and sentence imposed by the trial court dated 25.09.2018 made in

                     S.C.No.2 of 2018 is confirmed. Both the criminal appeals are dismissed.

                     There shall be no order as to costs.


                                                                                       (N.S.K., J.)        (M.J.R., J.)

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                                                                                          31.10.2025

                     Index : Yes
                     Speaking Order
                     Neutral Citation : Yes
                     vvk

                     To

                     1.The Sessions Judge,
                       (Fast Track Mahila Court),
                       Erode

                     2.Inspector of Police,
                       Kadathur Police Station,
                       Erode District

                     3.The Public Prosecutor,
                       Madras High Court,
                       Chennai.




                                                                                  N.SATHISH KUMAR, J.

and M.JOTHIRAMAN, J.

vvk 41/42 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 09:02:23 pm ) Crl.A.Nos.200 of 2019 and 442 of 2021 Criminal Appeal Nos.200 of 2019 and 442 of 2021 31.10.2025 42/42 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2025 09:02:23 pm )