In Crl.A.No.41 of 2020-MAD HC- In matrimonial disputes, only family members can notice incidents which occurred in home; Their evidence cannot be completely brushed aside on ground that they are interested witnesses: Madras HC 
Justice P.Velmurugan [26-09-2022]

Read Order: P.Senthil  Vs. The State Rep. by the Inspector of Police, W-8, All Women Police Station, Chennai

Mansimran Kaur

Chennai, October 6, 2022: Mere non-production of Medical Certificate or not lodging the complaint soon after the occurrence is not fatal to the case of the prosecution, especially in the matrimonial dispute, the Madras High Court has observed.

A Single-Judge bench of Justice P. Velmurugan dismissed the  instant Criminal Appeal Case which was instituted  under Sections 374(2) of Cr.P.C.to set aside the judgment passed by the Sessions Judge.  The Bench was of the view that while re-visiting the entire evidence he  found the appellant guilty for the offence punishable under Section 498A of IPC and there was no sound reason or ground to interfere with the judgment of conviction made by the trial Court.

The respondent police registered a case in Crime No.4 of 2017 against the appellant and five others for the offence under Sections 495, 498A and 313 r/w 109 IPC against the appellant/A1, 495 r/w 109 IPC, 498A and 313 r/w 109 IPC against A2 to A5 and 495 r/w 109 IPC, 498A and 313 IPC against A6.

After investigation laid a charge sheet before the  Additional Mahila Metropolitan Magistrate, Chennai. The trial Judge, after trial and hearing of arguments advanced on either side, acquitted all the accused and convicted the first accused/appellant only for the offence under Section 498A IPC and sentenced him to undergo simple imprisonment for a period of two years. 

Aggrieved over the finding and the judgment of conviction, the first accused  preferred the present appeal before this Court.

After hearing the rival contentions of the parties, the Court noted that being an appellate Court, it has  to necessarily reappreciate the entire evidence independently and give its finding.

In view of the same, the Court noted that according to the appellant, Witnesse were  interested witnesses and no other witness was examined to prove the cruelty alleged to have been caused to by the appellant. 

In view of the same, the Court   noted that in the matrimonial disputes, only the family members can notice the incidents, which occurred in the home i.e. within the four wall and they can only come forward to give evidence and the third party, even if they also know, will not be ready to give evidence and they would think that it is a family dispute and the husband and wife will quarrel each other today and tomorrow would join together why should they poke their nose unnecessarily in the family dispute especially between the husband and wife. P.Ws.1 to 5 clearly spoke about the cruelty caused by the appellant against the de facto complainant. 

 “Therefore, the evidence of P.Ws.2 to 5 could not be simply brushed aside, since they are interested witnesses as contended by the counsel appearing for the appellant”, the Court observed.

 Accordingly this Court, being an appellate Court, while re-visiting the entire evidence found the appellant guilty for the offence punishable under Section 498A of IPC and there was no sound reason or ground to interfere with the judgment of conviction made by the trial Court. 

In furtherance of the same, the Court also noted that mere non production of Medical Certificate or not lodging the complaint soon after the occurrence is not a fatal to the case of the prosecution, especially in the matrimonial dispute. 

In light of the observations stated above,the Court noted that the criminal appeal deserved to be dismissed as devoid of merit and substance and directed the trial Court to secure the appellant to undergo the remaining period of sentence, if any.