T.J.JAMES Vs. ANTONY JOSEPH

JUDGEMENT

(1.) The revision petitioner is PW1, Sri.T.J.James, in S.C.No.230/2002 of the first Additional Sessions Judge (Ad hoc)-II, Ernakulam. PW1's daughter Elizabeth committed suicide on 15.4.2001 at her matrimonial house. Soon after her death, PW1 lodged Ext.P1 First Information Statement before PW12 on 15.4.2001 at 1.30 pm alleging an offence punishable under Section 498A read with Section 34 of the Indian Penal Code. On the strength of Ext.P1, the police registered Ext.P1(a) First Information Report implicating respondents 1 to 3 respectively as accused. The investigation was conducted by PW13-the Assistant Commissioner of Police, Mattancherry and on completing the investigation, PW13 filed final report against the accused 1 to 3 for the offences punishable under Sections 498A , 306 read with Section 34 of the IPC.

(2.) The petitioner's daughter Elizabeth was married to the 1st respondent on 14.2.1999 in accordance with Christian religious rites at St.Sebastian's Church, Kochi. The 2nd respondent is the mother-in-law of the deceased. The 3rd respondent is the sister of the 1st accused. In the wedlock, a female child was born and she was 3 1/2 years old when her mother committed suicide.

(3.) The prosecution case in brief is that ever since the date of marriage, PW1's daughter was subjected to physical and mental cruelty by the respondents 1 to 3 in furtherance of their common intention. Hence, PW1's daughter committed suicide by pouring kerosene on her body and setting herself on fire. It is alleged that the victim was constantly harassed and ill-treated by the respondents 1 to 3 demanding more dowry and was under tremendous pressure to commit suicide.