VERONICA Vs. GOVERNMENT OF KARNATAKA AND ORS.

JUDGEMENT

(1.) This petition is filed under section 482 Cr.P.C., seeking to set aside the order dated 03.11.2014 and discharge the petitioner of the offence alleged under section 306 of IPC in S.C.No.693/2014.

(2.) The petitioner is the wife of the deceased Sri.Rajaram Mohan Roy. Their marriage was performed on 02.05.2011. The case of the prosecution is that, two months after the marriage, the petitioner began to stay in her parents' house and when the deceased requested her to return home, she used to pick up quarrel with the deceased and abuse him and in the month of February 2012, she went to the house of her parents for delivery and when the deceased visited her to see the girl child, petitioner refused to talk with the deceased and insulted him and when he requested her to accompany him to the matrimonial home, petitioner refused to go with the deceased and told him that she is not interested to live with him and asked him to go and die and that she would find solace only if he is dead. In view of the insult heaped on the deceased and the provocation given by the petitioner, the deceased is stated to have committed suicide by hanging.

(3.) During the course of investigation, a death note written by the deceased was traced and based on the said death note as well as the statements of the immediate relatives of the deceased, charge sheet has been laid against the petitioner under section 306 of IPC. The application filed by the petitioner for her discharge has been rejected by the Trial Court by its order dated 03.11.2014. Feeling aggrieved by the same, petitioner has preferred this petition inter alia contending that the facts averred in the charge sheet do not make out the ingredients of the alleged offences and under the said circumstances, continuance of the prosecution against the petitioner is an abuse of process of court and hence the petitioner has sought to set aside the impugned order.