STATE OF KERALA Vs. ANTONY XAVIOUR

JUDGEMENT

(1.) This Revision petition and Crl. Appeal are connected and therefore, I am disposing these two cases by a common judgment. The revision petitioner in Crl.R.P.1289/2004 is the prosecution witness No.1 in S.C. No.303/2001 on the file of the Principal Assistant Sessions Judge, Kochi. The revision is filed challenging the judgment dated 19.11.2003 in Crl.Appeal No.319/2003 on the file of the Additional Sessions Judge, (Adhoc-II), Ernakulam. The State also challenge the same judgment by filing Crl.Appeal No.204/2005. Therefore, I am disposing these two cases by a common judgment. (hereinafter the parties are mentioned in accordance to their rank before the trial court).

(2.) The above case is chargesheeted by the Assistant Commissioner of Police, Mattancheryy alleging offences punishable under Sections 498A and 306 r/w Section 34 of the IPC against the two accused.

(3.) The prosecution case in brief is that on 18.2.1996, the first accused married Jency, daughter of PW1 at Jeevamatha Church, Mattancherry. They were residing at the house of the first accused. It is alleged after one year of the marriage, the first accused started to treat Jency with matrimonial cruelty by demanding more money and also by physically torturing her and subjecting her to mental torture as well. Consequent to the mental and physical torture, Jency had to be hospitalised and had also on a previous occasion attempted to put an end to her life by committing suicide. It is alleged by the prosecution that Jency committed suicide on account of the abetment from the accused and the suicide was on 26.3.2000 from a room inside the house of the first accused. Hence it is alleged that the accused committed the offence under Section 498A and 306 r/w Section 34 of the IPC.