SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The instant appeal, by way of special leave, is directed against judgment dtd. 12/9/2018 passed by the High Court of Kerala in Criminal Revision Petition No. 1801 of 2006, whereby the High Court partly allowed the Revision Petition filed by the appellanthusband (accused no. 5). By way of the impugned judgment, the High Court has set aside the concurrent findings of conviction of the courts below and acquitted the appellant under Sec. 304B of the Indian Penal Code [for short the IPC] while confirming his conviction under Sec. 498A of the IPC. The High Court has further modified the sentence imposed on the appellant to rigorous imprisonment for one year.

(2.) The conspectus of the facts necessary for the disposal of the appeal are as follows: the appellant married the deceased on 9/4/1995. After the marriage, the deceased resided with the appellant and his family members at their matrimonial home. It is alleged that the appellant, along with his family members, started harassing the deceased soon after the marriage and was demanding additional dowry. Allegedly, the deceased attempted suicide by consuming Benzyl Hexa Chloride powder on 11/2/1996 due to the mental harassment by the accused persons. Fortunately, she was able to recover after treatment at the Government Hospital, Palakkad. Subsequent to this incident, mediation between the parties took place and a settlement was reached between the parties whereby the deceased continued to reside at the house of the accused. Despite the above agreement, it is alleged that the harassment continued and the deceased committed suicide by hanging on 21/10/1996, at her own home.

(3.) The prosecution charged the appellant, his parents and his two brothers under Ss. 304B and 498A of the IPC. Pending trial, the appellants father passed away. The Trial Court, after examining all the witnesses and perusing the documents produced by the prosecution and defence, convicted the accused persons under Ss. 304B and 498A of the IPC. Vide judgment dtd. 12/5/2006, the Appellate Court acquitted the appellants brothers of both the offences. However, the conviction and sentence against the appellant and his mother was confirmed.