ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a case of dowry death. The important question before us is whether Anilkumar @ Kannan (the appellant) was rightly convicted by the learned Additional Sessions Judge-VI, Kollam of having committed an offence punishable under Section 304B of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC).

(2.) Background facts in brief are as follows:-

(3.) Suryasmitha, wife of the appellant committed suicide on 06.01.2007. The prosecution case is that the appellant had been continuously persecuting her with the demand for more dowry and at last she decided to commit suicide by hanging on a ceiling fan at the residence of the accused in Neendakara Village, Kollam District. At the time of marriage, 15 sovereigns of gold ornaments were given to Suryasmitha as dowry. Before the marriage, there was an understanding to pay an amount of Rs.1,00,000/- more. However, the amount was not paid as agreed at the time of marriage. It is alleged that the appellant was harassing the deceased all the while after the marriage for not bringing Rs. 1,00,000/- as part of the dowry and she was treated cruelly. The appellant also misappropriated the gold ornaments entrusted to him at the time of marriage. On 06.01.2007, PW1-her brother came to know that the deceased committed suicide leaving behind Ext.P2 suicide note. Consequently, PW1 lodged Ext.P1 FIS before the police. PW14, the then Sub Inspector of Police, registered Ext.P1 1 FIR under Section 304B of the IPC. PW7-Dr.Geetha, while working as Assistant Professor and Deputy Police Surgeon at the Medical College Hospital, Thiruvananthapuram, conducted postmortem examination on the body of the deceased on 07.01.2007 and issued Ext.P5. In Ext.P5, PW7 opined that the postmortem findings are consistent with death due to hanging. There seems to be no dispute on the fact that Suryasmitha committed suicide by hanging herself on 06.01.2007.