SUPREME COURT OF INDIA
Amudha vs The State represented by the
Inspector of Police & Anr.
Criminal Appeal No 1642 of 2024
(Arising out of Special Leave Petition (Crl ) No 313 of 2024) On 22 March 2024
Hon'ble Judges: Abhay S. Oka, Ujjal Bhuyan
Case Type: Criminal Appeal
Final Decision: Appeal allowed
Advocates:
Citations:
2024 0 CJ(SC) 150
ACTS REFERRED:
Code of Criminal
Procedure, 1973, Section 482
Indian Penal Code, 1860, Section 306
(A) Indian Penal Code, 1860, Section 306 - (B) Code of Criminal
Procedure, 1973, Section 482 font-size: 16px;" >FACTS
The appellant is accused no.4, who has been
charged with an offence punishable under Section 306 of
the Indian Penal Code (for short, 'the IPC').
Judgement Text
FACTS
1. The appellant is accused no.4, who has been
charged with an offence punishable under Section 306 of
the Indian Penal Code (for short, 'the IPC'). The appellant
filed a petition under Section 482 of the Code of Criminal
Procedure, 1973 (for short, 'the Cr. PC') before the High
Court of Judicature at Madras. By the impugned
judgment, the petition has been rejected.
2. The second respondent is the complainant. The
second respondent had five brothers and two sisters.
The deceased (Kanagasabha) was one of her two younger
brothers. All of them were married except the deceased.
On 5th March 2020, the deceased allegedly committed
suicide by consuming poison. There was a dispute
between the deceased and his elder brother Baskar @
Annamalai. Another brother of the deceased, Anandraj,
had constructed a new house, which he sold to the
deceased. However, the said house was occupied by
Annamalai, his wife, son, and daughter Amutha
(appellant). According to the case of the second
respondent, Annamalai refused to vacate the house and
filed a civil suit against the deceased. Though Annamalai
(coaccused)
failed in the suit, he declined to vacate the
house. Therefore, the deceased sought the intervention
of the local MLA. However, the local MLA could not
resolve the dispute. The second respondent has made a
general allegation that Annamalai and his family
members, including