MADHUKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the accused in S.C. No. 05/2008 on the files of the Sessions Court, Kottayam against the judgment dtd. 17/5/2008, convicting him under Sec. 498A of IPC.

(2.) The accused is the husband of the deceased namely Jyothi. They married in the year 1994. It was an inter-caste marriage. Two children were born in the wedlock. On 26/11/2006, the wife of the accused committed suicide. According to the prosecution, the accused subjected her to cruelty, both physically and mentally, so as to drive her to commit suicide and as a result of the said cruelty she committed suicide by consuming a poisonous fruit called odollam (Cerebera Odollam).

(3.) It was at about 11 am on 25/11/2006, the wife of the accused consumed poison at the house of the accused situated at Kiliroor Kara of Thiruvarppu Village. Immediately after the accused found his wife consumed the poisonous fruit mentioned above, he took her to the Medical College Hospital, Kottayam. She was treated at the hospital, but, she died at 1.30 am on 26/11/2006. At 8 am on the same day, the brother of the accused, who was examined as PW1, went to the Kumarakom Police Station and gave Ext.P1 first information statement to PW11, the Sub Inspector of Police, Kumarakom Police Station. On the basis of Ext.P1, PW11 registered FIR under Sec. 174 of Cr.P.C. Ext.P6 is the FIR. He went to the Medical College Hospital and conducted inquest on the body of the deceased. The inquest report is Ext.P3. He went to the scene of occurrence and prepared Ext.P4 mahazar and questioned the witnesses. Thereafter, Sec. 498A of IPC was added and the appellant was arrayed as the accused. PW12 took up the investigation on 6/12/2006. He arrested the accused. He added Sec. 306 of IPC. He completed the investigation and filed final report before the Magistrate. The learned Magistrate after completing the statutory formalities committed the case to stand trial at the Court of Sessions.