Madras High Court
The State Of Tamil Nadu vs Venkatesh Kumar on 11 November, 2025
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
Crl.A.No.1741 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2025
C ORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Crl.A.No.1741 of 2025
The State of Tamil Nadu
Rep. By The Inspector of Police
Pattabiram Police Station
Tiruvallur District ... Appellant/Complainant
[Cr.No.681/2018]
-vs-
Venkatesh Kumar ... Respondent/Accused
Prayer: Criminal Appeal is filed under Section 378 of Cr.P.C/419 of BNSS.
against the acquittal rendered in judgment 13.09.2024 made in Sessions
Case No.79 of 2019 on the file of learned Magalir Neethimandram (Fast
Track Mahila Court), Tiruvallur by allowing this criminal appeal.
For Appellant : Mr.A.Damodaran
Addl. Public Prosecutor
Assisted by Ms.M.Arifa Thasneem
1/20
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
Crl.A.No.1741 of 2025
Advocate
For Respondent : Mr.N.Arunkumar
*****
2/20
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
Crl.A.No.1741 of 2025
JUDGMENT
(By N.Sathish Kumar, J.)
The prosecution has filed the present appeal challenging the judgment
of the trial Court acquitting the accused for the charge under Sections 302
and 498-A IPC.
2. The brief case of the prosecution is as follows:
2 (i) The deceased is the wife of the respondent / accused and PW1 is
the mother of the deceased. The deceased and the accused fell in love with
each other and they got married on 01.06.2017. Thereafter, they set up a
house at Ambattur. It is the case of the prosecution that the accused started
torturing the victim demanding money to purchase a separate house.
Therefore, a rental house was set up near the house of PW1 at Pattabiram
itself. At the time of marriage, 36 sovereigns of gold was given to the
deceased and three sovereigns of gold was given to the accused. As the
accused demanded for a separate house, PW1 gave a sum of Rs.15,00,000/-
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
to the land owner to purchase a property by selling 36 sovereigns of jewels,
remaining 7 lakhs was borrowed by the deceased from the Bank and the
accused gave only Rs.1,25,000/-. Due to some dispute between husband and
wife, they got separated, the deceased came to PW1's house. 2(ii)
Thereafter, the accused called the deceased under the pretext of first
marriage anniversary and the deceased also went to the accused house on
01.06.2018. On that day, at about 09.30am, PW2, the landlord of the house
where the accused and the deceased were residing informed PW1 that the
accused cut the deceased and attempted to murder her. PW1 and PW3, who
is the son of PW1, rushed to the house and found the deceased lying in a
pool of blood with severe injuries and the accused also tried to commit
suicide by self-inflicting injuries on neck. The deceased was grappling for
life and informed PW1 and PW3 that the accused asked money from the
deceased, as she refused to give, he stabbed and both were taken to the
hospital. Thereafter, Ex.P1 complaint was filed in the police station. PW14,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
(Venkatesan), who is the son of PW2, was living in the first floor and the
accused and deceased were living in the ground floor. On the date of
occurrence, on hearing the sound, PW2 rushed to the spot and saw both
husband and wife lying in the pool of blood. On hearing the news from
PW2, PW14 also rushed to the spot. The public also gathered and saw the
accused and deceased lying in the pool of blood and they were not in a
position to speak.
2(iii) According to PW3, he also went along with PW1 and found his
sister in a pool of blood as also the accused with several injuries. According
to PW3, the deceased informed him that accused only stabbed her. PW4,
who is the friend of PW3, accompanied PW3. According to him, when he
visited the place of occurrence, the deceased has informed that the accused
stabbed her as she refused to pay the amount demanded by the accused.
PW5 is the Sub-Inspector of Police and according to him, there was earlier
complaint alleging cruelty against the accused and the same has been
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
registered in Cr.No.153 of 2018 and PW5 advised both husband and wife to
lead a normal life. PW6 also accompanied PW1 to the police station and
gave Ex.P1 complaint and in his presence Observation Mahazar (Ex.P2)
was prepared and material objects MO1 to MO3 were seized by the police.
PW7 has also seen body of the deceased. The police recorded the
confession of the accused in the presence of PW8. PW9 also signed the
confession of the accused and put his signature in Ex.P9 (Seizure Mahazar).
PW10, the Revenue Divisional Officer, at the relevant point of time
examined the statements of the witnesses and gave a report stating that
death is not due to the dowry harassment and his report has been marked as
Ex.P10. PW12, who is the neighbour, also seen both husband and wife
lying in the pool of blood. PW16 examined the deceased on the date of
occurrence at 10.15 and noted the following injuries:
i) Cut injury of size 3 x 2 cm above the right shoulder
ii) Blood clot of size 10 x 2 cm in the front side of neck
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
iii) Cut injury of size 5 x 2 x 5cm in the right side chest
iv) Cut injury of size 5 x 3 x 5cm in the right side chest
v) Two cut injuries below the left side chest of size 5 x 3 x 5cm
and 3 x3x5cm
vi) In the upper abdomen two cut injuries of size 3 x 3 x5 cm and
4 x 3 x 5 cm
vii) Two cut injuries on the latral aspect of right elbow joint of
size 3 x 2 cm and 2 x 1 cm
viii) Cut wound of size 3 x 2 cm in the left hand
ix) Bone fracture in the left arm
x) Cut wound of size 3 x 2 x 5 cm in the right side of the back
xi) Two cut wounds on the left side hip upper part of size 5 x 3 x
5 cm and 7 x 3 x 7 cm
xii) Two cut wounds on the left side hip upper part of size 5 x 3 x
5 cm and 7 x 3 x 7 cm
xiii) Cut wound of size 6 x 3 x 8 cm on the upper side left hip and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
in the right side buttocks
xiv) Cut wound of size 7 x 4 x 7 cm on the right thigh and old
wound scar was seen on her left hand and right thigh
3. PW13 (Dr.Muralidharan) has deposed that post-mortem was
conducted by one Dr.Rajesh and since Dr.Rajesh died, he is deposing on his
behalf. The post-mortem certificate has been marked as Ex.P12.
According to PW13, the deceased died due to shock and haemorrhage due
to various stab injuries. PW17, after receipt of the FIR (Ex.15) registered
by the Station House Officer, went to the place of occurrence and prepared
Observation Mahazar and rough sketch and recorded the statement of
witnesses and also seized blood stained materials from the place of
occurrence under Exs.P17 (Seizure Mahazar) and sent the same to the
Court under P18 (Form 91) and also forwarded the copy to the Revenue
Divisional Officer for further enquriy. PW17, sent the deceased to the
hospital and also gave a requisition for conducting post-mortem. After
recording the statements he has also seized the material objects from the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
accused, namely dresses of the accused on 13.06.2018. He arrested the
accused at the bus stand after his discharge from the hospital, recorded
confession in the presence of witnesses (Pws 8 and 9), seized the material
objects and sent the same to the Court and took steps to forward the material
objects collected during investigation to the forensic examination. After
completing the investigation, handed over the case file to the Inspector of
Police for filing final report. PW18 finally laid the final report against the
accused.
4. To prove the case, the prosecution has examined as many as 18
witnesses as P.W.1 to P.W.18 and marked Exs.P1 to P25 and produced
M.Os.1 to 8.
5. After trial, the trial Court came to the conclusion that the
prosecution has not proved the case and acquitted the accused. The accused
faced charges for the offences under Sections 498-A and 302 IPC.
Challenging the acquittal recorded by the trial Court, the State has preferred
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
the present appeal.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
6. It is the contention of the learned Additional Public Prosecutor that
the trial Court has failed to appreciate the evidence of Pws 1, 3 and 4, who
have clearly spoken about where the accused and deceased were residing
and the oral dying declaration made before PWs1, 3 and 4 has also been not
considered by the trial Court. The learned Additional Public Prosecutor
further submitted the trial Court failed to apply presumption under Section
106 of the Indian Evidence Act. The motive aspect has also been clearly
established through recovery and has also clearly spoken to by the
Investigating Officer.
7. Heard Mr.N.Arunkumar, learned counsel appearing for the
respondent and perused the entire materials placed before this Court.
8. On a careful perusal of the entire prosecution case, it is seen that
the specific charge against the accused is that he caused cruelty on the
deceased and demanded money besides the accused has also caused her
death on 01.06.2018. Though the mother of the deceased (PW1) and the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
brother of the deceased (PW3) have spoken about the previous cruelty said
to have been caused by the accused, in the cross-examination, the same has
not been substantiated. Their statement is nothing but an improvement for
the first time. Even before the Revenue Divisional Officer (PW10), they
have not made any statement regarding cruelty. In fact, the report of
Revenue Divisional Officer (Ex.P10) also rules out the allegation of demand
of dowry. Therefore, we are of the view that the judgment of the trial Court
acquitting the accused from the offence under Section 498-A does not
require any interference.
9. So far as the charge under Section 302 IPC is concerned, the
specific case of the prosecution is that the accused stabbed his wife
repeatedly and thereafter he attempted to commit suicide by silting his neck.
Though evidence of PWs 1, 3 and 4, namely mother, brother and brother's
friend were relied upon by the prosecution to prove the theory and they have
stated in one voice that when they reached the house of the deceased and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
accused, after hearing the incident from PW2, the owner of the house, it is
the specific case of the PWs 1, 3 and 4 that the deceased was grappling for
life and she has informed that only the accused stabbed her. According to
prosecution, the said statement very well fits into dying declaration and the
trial Court ought to have relied upon their statements.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
10. Admittedly, there is no eye witness to the occurrence. PW2 is the
owner of the house. In her evidence, PW2 has clearly stated that accused
and deceased were residing in her house. On the date of occurrence at
07.00 am, the deceased went out and when PW2 asked the deceased where
she is going, the deceased told PW2 that she is going to ATM to take the
money. Thereafter, she did not know when the deceased came back. Later,
only when PW2 heard the noise, she rushed to the spot and found both
husband and wife lying in pool of blood inside the house. PW14 is the son
of PW2. His evidence would also show that immediately after his mother
informed about the occurrence, he also rushed to the spot and public also
gathered and police also reached the spot. PW2 and 4, who were the persons
who reached the spot at the first instance, found both deceased and accused
were lying in the pool of blood and PW2 has never stated that the deceased
was alive and grabbing for life. PW14, who reached the spot at the first
instance in the cross examination clearly stated that the deceased was not in
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
a position to speak and his evidence also clearly indicate that deceased has
not stated anything either to PWs 1, 3, 4& 14. Therefore, when the persons,
who reached the spot at the first instance, has seen the deceased lying
unconscious and not in a position to speak anything, the theory of PWs 1, 3
and 4 that deceased gave a oral dying declaration is highly unbelievable.
Though the prosecution has stated as if the accused attempted to commit
suicide by slitting his neck, the fact remains that Medical Officer (PW16)
who examined the accused, found injuries not only on the neck, but also
noted several cut injuries on the chest and other parts of the body. The
following injuries were noted by PW16 over the accused:
i) One cut wound of size 9 x 1 cm in the front side of next
ii) One cut wound of size 5 x 2 cm in the right hand
iii) One cut wound of size 5 x 1 cm in the right side elbow
iv) Three cut wounds of size 3 x 2 cm in the right hand
v) Cut wound of size 3 x 2 cm on the left side chest
vi) Cut wound of size 2 x 2 cm in the left side breast
11. Therefore, when a person has made an attempt to commit suicide
by silting neck, cut injuries on the chest and other parts may not be possible
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
by self-inflicting. It is to be noted that the case of the prosecution is that the
accused has made an attempt to cut his throat himself but injuries noted by
the Medical Officer is otherwise. Further, the prosecution has not made an
attempt to find out any finger prints available. Though the material objects
were very much available and seized by the Investigating Officer, they were
not subjected to forensic examination. This creates serious doubt. The
accused has clearly explained that while they were in the house, some one
barged into the house and attacked them indiscriminately. Though the
Investigating Officer also in his evidence clearly admitted that he has
collected the CCTV footage near the place of occurrence, the same has not
been filed for the reason best known to them.
12. Be that as it may, when the so called oral dying declaration
spoken to by PWs 1, 3 and 4 is highly doubtful and improbable, when
PW14, who reached the place of occurrence at the first instance, has clearly
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
stated that the deceased was not in a position to speak anything, and she
never spoke anything either to PW1 or other two witnesses, the theory of
oral dying declaration is highly doubtful. Therefore, merely on that basis,
we are not in a position to believe the prosecution theory. The defence of
the accused and nature of the injuries sustained by both husband and wife
cannot be ruled out. Therefore, we do not find any merit in the appeal to
reverse the order of acquittal.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
Accordingly, this criminal appeal is dismissed.
(N.S.K,J.,) (M.J.R,J.,)
11.11.2025
Index: Yes
Internet: Yes
gpa
To:
1. The Magalir Neethimandram
(Fast Track Mahila Court), Tiruvallur
2. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
N.SATHISH KUMAR,J.
AND
M.JOTHIRAMAN,J.
gpa
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
11.11.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:44:14 pm )
