STATE OF KERALA Vs. UNNIKRISHNAN

JUDGEMENT

(1.) Crl.A No.991/2004 is filed by the State, challenging the acquittal of the 3rd accused in S.C.No.369/2000 and the acquittal of 1st and 2nd accused under Section 304B IPC in the same case. Crl.R.P No.301/2005 is filed against the concurrent finding of the lower courts against the revision petitioners convicting them under Section 498A r/w 34 IPC . Since the appeal and the revision are connected, I am disposing these two cases together. (Hereinafter the parties are mentioned in accordance with their rank before the trial court).

(2.) Three accused were chargesheeted by the Deputy Superintendent of Police, Thrissur alleging offences punishable under Sections 304B and 498A r/w 34 IPC ..

(3.) The prosecution case is that the 1 st accused married the deceased Ambily on 8.11.1992. After the marriage, Ambily and the 1st accused were residing together in the house of the 1 st accused at Manaloor Panchayath. It is alleged that accused Nos.1 to 3 tortured Ambily physically and mentally saying that the dowry is not sufficient. It is also alleged that there was cruelty from the accused towards the deceased and as a result of this cruelty, Ambily committed suicide on 23.10.1996. She consumed insecticides and the same was given to her son also. Both of them died. Hence, the above case is chargesheeted by the Deputy Superintendent of Police, Thrissur alleging the offences punishable under Sections 304B and 498A r/w 34 IPC .