RAJAYYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Within 31/2 years of her marriage Sanalkumari, a young housewife, met with her death on October 5, 1987 by falling in a well in her matrimonial home. Alleging that it was a 'dowry death' and that her husband (the appellant before us), mother-in-law and two sisters-in-law were responsible for the same a case was registered against them. Following the charge-sheet (challan) submitted by the Police and the committal enquiry held by a Magistrate, they were placed on trial before the Sessions Judge, Thiruvananthapuram to answer a charge under S. 304-B, I. P. C. The trial ended in an acquittal of all of them; and aggrieved thereby the State of Kerala filed an appeal and the mother of the deceased filed a revision petition in the High Court. In disposing of them by a common judgment the High Court reversed the acquittal of the appellant and convicted him for the above offence. The acquittal of others was however upheld. The above judgment of the High Court is under challenge in these appeals preferred by the appellant.

(2.) The prosecution case briefly stated is as follows:The appellant married the deceased, daughter of P. Ws. 1 (Leela Bai) and 2 (Madhavan Nadar) on June 7, 1984 in the Malamkara Syrian Catholic Church, Kanjiramkulam. At the time of the marriage he obtained by way of dowry 20 cents of land and 2 gold ornaments worth 20 sovereigns. The document for the transfer of the land was executed by P. Ws. 1 and 2 on the date of the betrothal. Even on the 3rd day after marriage the appellant started expressing dis-satisfaction on the quantum of dowry. As he had by then started construction of a building on a land belonging to his father availing a loan and the loan amount was exhausted, he approached P. Ws. 1 and 2 for the balance amount required to construct the building. Since P. Ws. 1 and 2 failed to meet his demand he and the other members of his family started harassing and ill-treating the deceased. In the meantime, the deceased had become pregnant. She was, however, not allowed to go to her parents' house prior to the delivery; and even after she was admitted in the hospital for the delivery, they were not intimated about it. The deceased gave birth to a female child on July 6, 1985. As a result of the mental torture during pregnancy, she developed post partum psychosis and was under the treatment of P. W. 12 (Dr. M. S. Sivakumar). Finding the pitiable predicament of the deceased P. Ws. 1 and 2 gave Rs. 50,000/- in cash to the appellant as demanded and obtained a release of the 20 cents of land transferred in his name. Thereafter, the appellant put forth a demand for an additional amount of Rs. 10,000/- and 3 sovereigns. As that demand was not immediately met by P. Ws. 1 and 2 the appellant and other members of his family continued to torture and harass the deceased. When the torture became unbearable she committed suicide by jumping into the well in the house of the appellant.

(3.) The appellant pleaded not guilty to the charge levelled against him and denied the prosecution story of demand of dowry and torture and harassment on that score. He asserted that he had a happy conjugal life and that her death was owing to an accidental fall in the well. Though during cross-examination of P. Ws. 1 and 2 it was not even suggested to them that the deceased was not his wife, in his examination under S. 313, Cr. P. C. he denied that fact also.