MARTIN JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in SC No.392/2013 of the Additional Sessions Court, Ernakulam for offences punishable under sections 304(B), 306, 498A read with section 341 IPC.

(2.) The first petitioner is the son of the second petitioner. The first petitioner had married one Lincy on 31/12/2006. She committed suicide by hanging on 12/5/2009. Crime No. 531/2009 was registered by Kaladi Police under section 174 Cr.P.C. After investigation, final report was laid for offence punishable under section 498A read with section 34 IPC, alleging that the accused had physically and mentally harassed the victim and had treated her with cruelty, which forced her to commit suicide. Cognizance was taken by the Judicial First Class Magistrate Court - I, Perumbavoor. Accused appeared and contested the proceedings. Charge was framed on 22/9/2010 and the case was posted for trial.

(3.) When the matter was taken up for trial on 27/6/2013, the learned Magistrate, by impugned order held that the records disclosed commission of offences punishable under section 304(B) and section 306 IPC. It was noted that death had occurred within seven years from the date of the marriage. The magistrate also recorded that there was an allegation that she was subjected to cruelty by the accused in connection with the demand for dowry. There was history of continuous harassment, assault and torture by the accused. Learned Magistrate concluded that illtreatment meted out on her drove her to commit suicide. Consequently, ingredients of sections 304 (B) and 306 were attracted. The court held that offences were exclusively triable by the sessions court and the case was committed to the sessions court invoking section 323 Cr.P.C.