STATE OF KERALA Vs. SIVADASAN

JUDGEMENT

(1.) These two appeals and the revision are connected and therefore, I am disposing all these three cases by a common judgment.

(2.) Crl.A No.1842/2004 is filed by the State, challenging the judgment dated 3.1.2004 in S.C No.183/1999 on the file of the Additional District and Sessions Judge (Adhoc), Fast Track Court No.I, Manjeri by which two accused were acquitted under Section 498A r/w 34 IPC. Crl.R.P No.2290/2004 is filed by PW9 in the above case challenging the very same judgment. Crl.A No.2429/2006 is filed by the complainant in S.C.No.164/2002 on the file Additional District and Sessions Judge (Adhoc), Fast Track Court No.I, Manjeri. S.C No.183/1999 is a police charge case and S.C.No.164/2002 arises from a private complaint. The police filed a final report against the accused alleging offence punishable under Section 498A IPC and the same was taken on file by the Judicial First Class Magistrate Court, Tirur. Subsequently, that case was committed to the Sessions Court in the light of the fact that the learned Magistrate found that the offence under Section 306 IPC is also made out. S.C.No.164/2002 arises based on a private complaint filed by the complainant before the Judicial First Class Magistrate Court, Tirur. That complaint was taken on file by the learned Magistrate and after conducting enquiry under Section 202 Cr.P.C, that case was also committed to the Sessions Court. Accordingly, S.C.No.164/2002 and S.C.No.183/1999 were registered by the Sessions Court and both the cases were disposed together by separate judgments.

(3.) The prosecution case in brief in S.C No.183/1999 is that the marriage between the deceased Sobhana and the accused No.1 had been solemnized on 1.5.1991 and that they were residing together in the husband's house along with the 2nd accused, the mother of the 1st accused. While so, it is alleged that the accused subjected her mental and physical abuse and abetted her to commit suicide. Accordingly, it is the prosecution case that the Sobhana committed suicide by hanging on 28.10.1993 at 6 pm., from their bedroom and therefore, the accused committed the offence.