Madras High Court
Walter Vincent vs State Rep. By on 13 October, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.884 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 17.09.2025
PRONOUNCED ON : 13.10.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.884 of 2019
Walter Vincent ... Appellant
Vs.
State rep. by
The Inspector of Police,
AWPS Perur Police Station,
(Crime No.27 of 2014) ... Respondent
Prayer: Criminal Appeal filed under Section 374 of Cr.P.C., to call for the
records in S.C.No.58 of 2016 on the file of the Sessions Judge, Mahila
Court, Mahalir Neethimandram, Coimbatore and set aside the judgment
dated 18.11.2019 passed by the learned Sessions Judge, Mahila Court,
Mahalir Neethimandram, Coimbatore.
For Appellant : Mr.S.Ashok KUmar
For Respondent : Mr.L.Baskaran
Government Advocate (Crl. Side)
For Defacto Complainant : Mr.S.Suresh
for Ms.Selvi Rajesh
Page No.1 of 25
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Crl.A.No.884 of 2019
JUDGMENT
This Criminal Appeal is filed to set aside the judgment made in
S.C.No.58 of 2016 on the file of the Sessions Judge, Mahila Court, Mahalir
Neethimandram, Coimbatore, dated 18.11.2019
2.The appellant/accused in S.C.No.58 of 2016 was convicted by the
Trial Court by judgment dated 18.11.2019 and sentenced to undergo three
years rigorous imprisonment and to pay a fine of Rs.2,500/-, in default, to
undergo six months rigorous imprisonment for the offence under Section
498A IPC and to undergo seven years rigorous imprisonment and to pay a
fine of Rs.2,500/-, in default, to undergo one year rigorous imprisonment for
the offence under Section 306 IPC.
3.The case of the prosecution is that the appellant married Shiny on
08.09.2011 and it was an arranged marriage. At the time of the marriage, the
appellant agreed to live with Shiny near her parents' house at Trivandrum.
After the marriage, they lived at Kalathuvilai and the appellant was working
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at PA Aziz Engineering College. Out of their wedlock, they were blessed
with a girl baby on 28.05.2012. After the childbirth, the appellant and his
parents not visited his wife or the new born for no reason. He not
participated in the 28th day celebration as per his in-laws' family practice.
Without informing anyone, the appellant joined the job at Karunya College,
Coimbatore and further not visited his wife and child Only once or twice he
came and visited his wife and the child after a long time. Whenever his
wife called him over the phone, he would disconnect the call. Once, he
informed that he was not interested in continuing to live with her. Upon
hearing this, Shiny became sad, her mental condition got affected and she
was taken for treatment and counselling. Later, after advice from the family
members, Shiny and her daughter went along with the appellant to stay in
Coimbatore, where she stayed with him for 2 years till she committed
suicide on 27.06.2014 and no one from her family were allowed or
permitted to meet her or contact her, they were threatened if they venture to
meet her they would be harmed and caught and handed over to the police.
On 27.06.2014 at about 10:30a.m., the defacto complainant's father called
her to inform that her sister-in-law, who was pregnant, was admitted in a
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hospital. When enquired whether she will be coming to visit her sister-in-
law, Shiny was in a very sorbid mood, weeped and informed that without
her knowledge 30 sovereigns of jewels were taken away by her husband.
Whenever she questioned for the jewels, he would pick a quarrel, abuse her
and start ill-treating her. Shiny and the baby were not properly fed and
taken care. Thereafter, at about 3:30 p.m. on the same day, the defacto
complainant received a call that his daughter was struggling to breathe.
After a while, he was informed about the death of Shiny. The defacto
complainant along with his son and brother-in-law came to Coimbatore,
lodged a complaint to the respondent police. The respondent registered a
case and finding that the death had taken place within 7 years of marriage,
referred the case to the Revenue Divisional Officer to conduct inquest and
submit inquest report. Thereafter, the respondent took up the investigation,
visited the scene of the occurrence, prepared observation mahazar and rough
sketch, examined the witnesses present at the scene, recorded their
statements and sent the body for postmortem. The Doctor conducted the
postmortem and sent viscera for examination, the postmortem and viscera
report confirmed death was due to poisoning. The deceased consumed
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Organophosphorus insecticide. Thereafter, section was altered from Section
174 CrPC to Sections 498A and 306 IPC. On completion of investigation,
charge sheet filed. During trial, PW1 to PW11 examined Ex.P1 to Ex.P15
marked and MO1 produced on the side of the prosecution. On the side of
the defence, DW1 and DW2 examined and Ex.D1 to Ex.D8 marked. On
conclusion of trial, the Trial Court convicted the appellant as stated above.
4.The contention of the learned counsel for the appellant is that the
marriage between the appellant and the deceased took place on 08.09.2011
and it was an arranged marriage. As per custom and practice. Gifts of land,
jewels and household articles presented by his in-laws to their daughter. The
appellant's family members presented some jewels for the marriage. At the
time of marriage, the appellant was working at PA Aziz Engineering
College in Kerala. After the marriage, they stayed with the appellant's
family for some time, thereafter the appellant and his wife were staying on
the first floor, in her family house in the ground floor, the appellant's father-
in-law, mother-in-law and brother-in-law were staying and running a fancy
shop. The appellant and Shiny blessed with a girl baby on 28.05.2012. The
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appellant's wife started to show indifferent behavior, she will wake up late,
have her food at odd hours, she will take bath in the midnight and she was
affected by a psychiatric problem. When the appellant informed to his in-
laws, they took it casually and informed she would be alright in due course.
After the birth of the child, her health condition worsened. Suppressing her
mental health condition, the defacto complainant and his family members
arranged for the marriage. The health condition was so bad that the
appellant's wife was violent, started self inflicting injuries, behaving very
violently. Hence, she was given treatment at Saraswathi Hospital, Parasala
and later she was referred to Sri Ramakrishna Ashram Charitable Hospital,
Sasthamangalam, Trivandrum where she was treated as inpatient and
advised regular medication, she was diagnosed with bipolar disorder.
Suppressing these facts, it is projected now that at the time of engagement,
the appellant was not satisfied with 51 sovereigns of jewels and 35 cents of
land for his wife and he demanded 101 sovereigns of jewels, 50 cents of
land and further cash of Rs.10 lakhs and a car. This is the consistent case
projected against him. The appellant not demanded any cash of Rs.10 lakhs
and further the car was purchased in the name of the defacto complainant's
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son and the appellant and his wife were using the car. Whatever jewels
presented to her were kept in a locker and the appellant not handled the
same. But it is projected that the appellant sold 30 sovereigns of jewels for
his own use and due to which there was constant fight between the appellant
and his wife and these are the basis for his wife to commit suicide.
PW1/defacto complainant is the father-in-law, PW2 is the brother-in-law,
PW3 is the brother-in-law of PW1. The mother-in-law of the appellant is
PW5. Except these four interested family members, no other witness stated
anything against the appellant.
5.The admitted position is that till the appellant and his wife were
staying in his in-laws' house, his wife was happy. The appellant and his wife
were living separately but sharing the common kitchen and he was paying
Rs.5,000/- to Rs.6,000/- for their stay and food. The in-laws of the appellant
were not willing to send his wife along with him to Coimbatore and forced
them to stay along with them. In fact, the appellant was taking care of his
wife with care and concerned. At the time of pregnancy, he took his wife to
Annammal Hospital, Marthandam, where the appellant's relative was
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working, for better care and treatment Shiny was admitted there. The
appellant's wife was interested to join him but her parents forced her to stay
at Trivandrum since they were apprehensive of Bipolar medical condition of
his wife which they suppressed. The forced stay of his wife ignited her
bipolar state of mind. Later, she became unruly and adamant. The appellant
took her to Coimbatore and rented a house in Angel Nagar, near Karunya
College of Engineering, where they were living happily for two years until
she committed suicide. None of the neighbors, colleagues of the appellant,
or common acquaintances examined in this case to show that during the
period of their stay at Coimbatore or immediately prior to 27.06.2014, there
was any harassment or incitement to abet his wife to commit suicide. In fact,
his father-in-law, brother-in-law, mother-in-law and even the maternal uncle
of the deceased admit that they were talking with Shiny once in every two
weeks or so. During this period, there have been no complaints about any
demand for dowry or harassment. It was only on 27.06.2014 for the first
time allegations made that the appellant's wife complained 30 sovereigns of
jewels taken away by the appellant and further he had caused harassment.
Ex.D3 was produced by the appellant, marked through PW1, confirming the
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bank account in the name of the appellant and his wife in Federal Bank,
Parasala Branch, in which on 01.01.2014 Rs.7,00,000/- deposited as fixed
deposit. According to the appellant, some jewels were sold at Bhima Gold
House and the amount was deposited in Fixed Deposit for the welfare of
their minor daughter and there is no reason for his wife to make a complaint
after six months on 27.06.2014 for 30 sovereigns of gold. Further 35 cents
of land gifted to his wife is a custom in their community, admitted by
PW5/mother-in-law of the appellant. Further PW5 she confirms that her
daughter-in-law was gifted with 50 cents of land. PW1, PW2, PW3 and
PW5 deposed with contradictions as to their earlier statements given before
the RDO/PW8 during inquest and in their 161 statements. The
contradiction confirmed by PW8/RDO and the Investigating Officer/PW11.
The contradictions proved.
6.The learned counsel for the appellant further submitted that in this
case, the appellant had contacted his wife on the fateful day at 1:30 p.m. and
since she was not responding to the phone call, the appellant along with his
colleague Lawrence rushed to the house, found the door locked and later
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pushed it with force, opened the door, found the baby crying and his wife
was found with froth in her mouth. Immediately, she was taken to Karunya
Community Hospital, where PW9 examined her and confirmed that she was
brought dead and issued Ex.P10, which should clearly show that the
appellant rushed his wife for immediate medical treatment. Further, he had
appeared before the respondent police along with the baby and informed
them about his wife consuming poison, but not recorded. PW9 confirms
that on 27.06.2014 death of Shiny information given to the Police Station
from the Hospital. PW8/RDO, in his report Ex.P9, confirms that except for
the family members of Shiny, namely, PW1, PW2, PW3 and PW5, other
five panchayat members given their opinion that the reason for death was
not known but family members of Shiny alleged that appellant absconded,
sold jewels of Shiny and ill-treated her and for that reason, Shiny committed
suicide. In this case, it is proved by the appellant that the jewels were kept
in the locker, some sold and a sum of Rs.7,00,000/- deposited as fixed
deposit, the car handed over to his in-laws' family. It is due to the
suppression of the real health condition of his wife and the indifferent
behavior of in-laws, his wife had taken the extreme step. Further, she is a
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patient with Schizo-affective disorder. The appellant marked Ex.D1 to
Ex.D3 through PW1. The appellant examined DW1/Doctor from Saraswathi
Hospital and through him, Ex.D4 and Ex.D5 marked and DW2/Doctor from
Sri Ramakrishna Mission Hospital and through him, Ex.D6 to Ex.D8
marked. Both Doctors confirmed Shiny suffering from a psychiatric
problem and her health condition would turn critical, she would act
violently and have a tendency of committing suicide, which is confirmed by
DW1. Further, bipolar disorder is not an instant disease or a sudden
development, it is inherent. The learned counsel produced additional
documents after serving a copy to the defacto complainant to confirm that
PW5 has filed a petition in O.P.No.2540 of 2018 before the Family Court,
Thiruvananthapuram, seeking relief declaring the right, title, ownership and
possession over the property which was given at the time of marriage for the
appellant in favour of the appellant's daughter and appellant to return the
gold ornaments of 118.75 sovereigns and maintenance for the minor
daughter. The appellant has no objection for the properties to be settled in
his daughter's name. The fixed deposit receipt for Rs.7,68,332/- produced.
Further, an Advocate Commissioner appointed to open the locker, who took
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inventory listing 11 items weighing 293.40 grams of gold and filed a report
before the Family Court, Thiruvananthapuram. The petitioner without
prejudice to his rights and contention in the Family Court and other
proceedings handed over a Demand Draft vide DD.No.233531 of Rs.5 lakhs
drawn on Federal Bank dated 25.04.2025 and the same was received by the
counsel for the defacto complainant. The appellant regularly paying
maintenance amount to his daughter.
7.The learned Government Advocate (Crl.Side) strongly opposed the
appellant's contention and submitted that in this case, the victim is the wife
of the appellant, who committed suicide on 27.06.2014. The marriage
between the appellant and the victim Shiny took place on 08.09.2011 and a
girl baby was born to them on 28.05.2012. One of the condition for the
marriage was that the appellant and the defacto complainant's daughter to
stay in Trivandrum, which was agreed and thereafter only marriage proposal
was taken forward. During engagement, it was decided to present 51
sovereigns of jewels, 35 cents of land but the family members of the
appellant demanded 101 sovereigns of jewels, 50 cents of land, cash of
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Rs.10 lakhs and a car. Since in small village after engagement if the
marriage is stopped for some reason, thereafter the marriage of the bride
cannot be performed. Hence, with great difficulty, the demand was met,
except for payment of Rs.10 lakhs in cash. This was in the back of the mind
of the appellant and he started ill-treating his wife. They were staying on the
first floor of the defacto complainant's house and it was regular to hear
quarrel shouts and the banging of articles on the floor. The defacto
complainant's daughter did not make complaint, but it could be seen and
understood as to how their daughter was humiliated and suffered at the
hands of the appellant. When the defacto complainant's daughter became
pregnant, the appellant took his wife and admitted her in the Hospital in a
far-away place. After coming to know she delivered a girl baby, he refused
to meet his wife and daughter. He did not attend the ceremonial function in
the Church. After six months, he came once along with his parents and left
immediately. Earlier to the marriage and until the birth of the child, he was
employed in a PA Aziz Engineering College in Trivandrum. Without
informing anyone, he joined Karunya College of Engineering in
Coimbatore. He was unable to be contacted. Months later, he came and
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informed that he had joined the College in Coimbatore and forced the
defacto Complainant's daughter to join with him in Coimbatore. The defacto
Complainant and his wife requested the appellant not to disturb her
immediately since she had a Cesarean surgery and allow her to get back to
normalcy. The Appellant not visited his wife and baby, due to which the
defacto Complainant's daughter got offended and mentally disturbed and
she was given psychological treatment, which is now projected as though
the deceased had psychological problem and for that reason only, she
committed suicide. Two years they were living in Coimbatore without any
contact. The defacto Complainant's daughter was made to live a secluded
life in isolation which compounded to her health condition. On 27.06.2014
at about 9:57 a.m., the defacto complainant called his daughter and
informed that her sister-in-law was admitted in Hospital for delivery, at that
time, his daughter was in a sad mental state, and she wept. She informed
him about her sufferings. On the same day at about 3:30 p.m., information
received that his daughter was suffocating with breathlessness. Late in the
evening, at about 5:30 p.m., information received she was dead. Thereafter,
the defacto complainant went to Coimbatore along with his son and brother-
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in-law and lodged a complaint. They were taken to the mortuary of the
Government Hospital where they saw Shiny lying dead, since death was
within seven years of marriage, FIR registered and sent to RDO for inquest,
who conducted inquest and sent the report to the Deputy Superintendent of
Police, who conducted investigation in this case. In this case, PW1 and PW5
are the parents of the deceased, PW2 is the brother and PW3 is the maternal
uncle of the deceased, witnesses confirmed the demand of dowry, ill-
treatment meted out to the deceased, how she was cut off from her family,
not permitted to have any contact with them and that she and the baby were
not taken care and fed properly. Since the deceased was kept in isolation,
nothing could be collected from the neighbors and others. The demand of
dowry, harassment and abetment of the victim to commit suicide proved
from the evidence of PW1, PW2, PW3 and PW5. Their statements
consistent, both before the Police as well as before the RDO/PW8 and RDO
report/Ex.P9 confirmed demand of dowry harassment and recommended
action against the appellant. In this case, PW4 is the colleague of the
appellant who informed the in-laws of the appellant about the death of
Shiny and PW6 a neighbor, witness to the observation mahazar and seizure
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mahazar for seizing the poison, insecticide. PW7 is the Postmortem Doctor
and PW9 is the Doctor attached to Karunya Hospital to whom appellant
took the victim for treatment. PW10 is the Inspector of Police who
registered FIR and PW11 is the Deputy Superintendent of Police who
conducted investigation and on completion of investigation, filed charge
sheet in this case. Though the Appellant had examined DW1 and DW2, the
Doctor attached to Saraswathi Hospital and Sri Ramakrishna Mission
Charitable Hospital, these Doctors confirmed that Shiny suffered mental
disorder after the birth of the baby which confirms that it is due to adamant
and irrational behavior of the appellant, victim developed such condition.
Hence the Trial Court rightly convicted the appellant.
8.The learned counsel appearing for the defacto complainant
submitted that the appellant is the reason for the death of Shiny, who was a
bright and bubbly girl, she completed her degree and Teachers' training but
she was not allowed to go for any employment. Further, understanding was
that the appellant would continue to work in Trivandrum and the victim
would get employed as a teacher in Trivandrum and they will reside in
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Trivandrum near the in-law's house, thereafter only engagement held. After
the engagement, before the marriage, demand of dowry increased and
parents of Shiny left with no other option, accepted the demand and fulfilled
partially. Further they undertook to complete the demand shortly. The
defacto complainant's daughter was staying in the first floor of the house but
they were sharing common kitchen. The victim's parents regularly heard the
shouts, abuses and banging of articles to the floor by the appellant. The
victim would not disclose the entire facts, as it would affect her parents.
When the victim became pregnant and when she delivered a girl baby, the
appellant was not happy for delivering girl baby and he refused to visit his
wife and the baby, refused to attend the ceremonial function in the Church.
Only after six months, he visited the baby and his wife and informed that
she should come to Coimbatore and appellant now employed at Karunya
College of Engineering, Coimbatore. Since there was some resistence,
thereafter he kept away and the health condition of the victim became worse
and she was taken to Doctor for Psychiatric treatment. Finding that the
victim was adamant in joining her husband, she was allowed to stay in
Coimbatore but the appellant made a condition that his in-laws and family
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members not to visit her or talk to her. For nearly two years, she was in
isolation in Coimbatore. Suddenly, on 27.06.2014 the defacto complainant
received a message that she was suffocating and finally, the news of her
death informed. The demand for dowry and harassment narrated to the RDO
and before the Court. The Trial Court rightly convicted the appellant. The
appellant not returned the 30 sovereigns of gold and not re-conveyed the
property for which a petition in O.P.No.2540 of 2018 filed before the
Family Court, Thiruvananthapuram. He fairly submitted that the appellant's
explanation of Rs.7 lakhs being the sale of gold and the amount of
Rs.7,68,332/- deposited in fixed deposit is a matter to be decided in the
Family Court. Likewise, he submitted that the inventory taken in the locker
of Federal Bank listing 11 items weighing 293.40 grams of gold is a matter
pending before the Family Court. The encumbrance certificate showing that
the family property settled in the name of his minor daughter now produced.
The appellant given a Demand Draft for a sum of Rs.5 lakhs in favour of his
minor daughter without prejudice to his right and contention in the Family
Court proceedings. Hence, she strongly opposed the appeal.
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9.Considering the submissions made and on perusal of the materials,
it is seen that in this case, PW1 is the father, PW2 is the brother, PW3 is the
maternal uncle and PW5 is the mother of the victim Shiny. The marriage
between the appellant and Shiny took place on 08.09.2011 and they were
blessed with a girl baby on 28.05.2012. Except for these family members,
no other witness spoken anything about demand of dowry, harassment or
abetting the victim to commit suicide. In this case, admittedly the victim
committed suicide by consuming insecticide, which is confirmed by the
Postmorterm Doctor and viscera report and the final opinion. It is to be
noted that this insecticide used to clear cockroach and flies commonly used
in houses. The statement of Panchayat members is that on 27.06.2014 at
about 9.00 a.m., the appellant came to the College for job. At about 11.00
a.m., he spoke to his wife and she called him for lunch. Thereafter, at about
12:30 p.m., the appellant along with one Baabipal/PW4 went to a Hotel for
lunch and returned at 1:15 p.m. The appellant called his wife to inform her
about lunch, since his wife not answered the phone call, appellant along
with one Lawrence, rushed to his house and found the house locked.
Thereafter, they pushed the door and found victim lying in the floor with
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froth coming out from her mouth and she was lying motionless and the baby
was crying. Immediately, he took his wife in his car for medical treatment.
PW9/Doctor who examined the victim, issued Ex.P10/death report and he
also informed the police about the death. Thereafter, PW4 informed the
death to Shiny's family members. PW1 came along with his son and brother-
in-law to Coimbatore and lodged the complaint. PW8 is the RDO who
conducted inquest. The statements of PW1, PW2, PW3 and the panchayat
members recorded by the RDO. Except for the family members, the
panchayatars had given no opinion. The family members made a complaint
that the jewels of appellant's wife sold by him and further he caused
harassment and humiliation to her. Hence, his wife committed suicide, with
guilt appellant absconded. But the evidence before the Court is with
improvement, exaggeration and contradiction. PW1, PW2, PW3 and PW5
completely suppressed the fact about the victim taking treatment in
Saraswathi Hospital and Sri Ramakrishna Mission Hospital for mental
disorder. They all admit that as long as the appellant and victim were living
in Trivandrum, both of them were happy and after the appellant and the
victim moved to Coimbatore, they had very restricted contact and that too,
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they were only speaking through mobile phone. They did not visit her. In
this case, admittedly the mobile phones of neither the appellant and the
deceased nor PW1 or any of his family members seized and tower locations
not obtained to confirm that they had been in touch with each other, more
particularly, on 27.06.2014 at 9:57 a.m. when the father of the
victim/defacto complainant is said to have called his daughter and informed
her about his daughter-in-law's admission in the hospital and at that time,
his daughter was in a sad state of mind, complaining about 30 sovereigns of
jewels missing and harassment caused. The Investigating Officer confirms
mobile phone contacts but not taken any steps to collect these evidence and
documents, the seizure of mobile phone, collection of call details records
will be a clinching proof and a vital link to confirm whether the appellant
abetted the suicide.
10.As regards the demand of dowry, 50 cents of land and selling of
30 sovereigns of jewels, these issues now pending before the Family Court,
Thiruvananthapuram in O.P.No.2540 of 2018. It is seen that the contention
of the appellant that gifted property and car re-conveyed. In fact, family
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property of the appellant settled in his minor daughter's name and
Rs.7,68,332/- fixed deposit in the name of his minor daughter. The
inventory of jewels taken and 293.40 grams of gold jewels available, all to
be considered in the Family Court proceedings. Without prejudice to his
contention on merits a Demand Draft vide DD.No.233531 for Rs.5 lakhs
drawn on Federal Bank dated 25.04.2025 in favour of his minor daughter
handed over and received by the learned counsel for the defacto
complainant. These facts can be considered and given credit in the Family
Court proceedings.
11.The appellant to dislodge the presumption and probabilize his
defene examined DW1 and DW2, marked Ex.D1 to Ex.D9. The Doctors
DW1 and DW2 confirm that the appellant's wife had psychological problem
Bipolar disorder and it is not a sudden disease, it has got a tendency to be
within a person for quite some period and only depending upon the mental
condition, it gets elevated and the person suffering with psychological
disorder are prone to commit suicide which is confirmed by Ex.D5 to
Ex.D8. MO1 is used in the houses commonly to get ride of flies and
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cockroaches. The appellant had taken all required steps to save his wife.
There is no material to prove the appellant committed cruelty, harassment
and abetted the victim in committing suicide. In view of the above, this
Court is inclined to set aside the conviction and sentence imposed by the
Trial Court.
12.In the result, this Criminal Appeal stands allowed setting aside the
judgment dated 18.11.2019 in S.C.No.58 of 2016 passed by the learned
Sessions Judge, Mahila Court, Mahalir Neethimandram, Coimbatore . The
appellant is acquitted from all charges. Bail bond if any executed shall stand
cancelled. Fine amount if any paid shall be refunded.
13.10.2025
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
cse
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To
1.The Inspector of Police,
AWPS Perur Police Station.
2.The Sessions Judge,
Mahila Court, Mahalir Neethimandram,
Coimbatore.
3..The Public Prosecutor,
High Court, Madras.
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M.NIRMAL KUMAR, J.
cse
Pre-delivery judgment made in
13.10.2025
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