JOSEPH Vs. ANTONY ALIAS ANTU

JUDGEMENT

(1.) Jessy died in the early morning of 26-9-1998 in her matrimonial house. Her daughter, aged 11/2 years, was also found dead by her side. Jessy's father, PW-1, lodged First Information Statement, Ext. P-1 before local police and Ext. P-l(a)-FIR was registered under the caption "unnatural death'. In Ext. P-l, PW-1 stated that there is no possibility for Jessy to commit suicide and that the child was murdered by somebody. During investigation, Jessy's husband, his parents and sisters were brought to the array of accused. Charge-sheet was laid against them as accused 1 to 8, alleging offences under Sections 304B. 498A, and 306 of Indian Penal Code ('IPC, for short).

(2.) According to prosecution, deceased Jessy committed suicide by consuming Sodium Cyanide, which is a poisonous substance. She administered the same substance to her child also. The commission of suicide was allegedly abetted by accused Nos. 1 to 8, who subjected her to cruelty and harassment in connection with unlawful demand of dowry, during her life time. The marriage of Jessy and first accused took place on 2-8-1995 and she died within seven years of marriage, under suspicious circumstances, on 26-9-1998. Cruelty inflicted on deceased Jessy by the accused drove her to commit suicide by poisoning.

(3.) After completion of investigation, charge-sheet was laid before Magistrate Court under Sections 304B, 498A and 306. IPC. The case was committed to Court of Session and charge was framed by that Court against accused Nos. 1 to 8 under Sections 304B, 306 and 498A, IPC. To prove the case, prosecution examined PW-1 to PW-17 and marked Exts. P-l to P-37 and MOl toM022. The accused marked Exts. Dl to D3 on their side. The accused pleaded not guilty.