LAWS(KER)-2021-12-45

SMITHA S. Vs. STATE OF KERALA

Decided On December 15, 2021
Smitha S. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is the accused in Crime No.714/2021 of Thiruvalla Police Station, Pathanamthitta District alleging commission of offences under Ss. 498A, 306, 304 B and 109 of the Indian Penal Code.

(2.) The petitioner is the sister-in-law (brother's wife) of the deceased. The deceased was working abroad. She returned to India on 25-03-2021 and stayed at her husband's house till 30-03-2021. She reached her house on 30-03-2021 and attempted to commit suicide on that day. Though she was taken to hospital, she died on 31-03-2021. She left a suicide note in which she alleged that the petitioner was responsible for her death.

(3.) The learned counsel for the petitioner would submit that by no stretch of imagination can the petitioner be accused of having committed the offence alleged. It is submitted that the petitioner had filed a complaint against her husband (brother of the deceased) and the parents of the deceased alleging commission of offence under Section 498A of the Indian Penal Code. It is submitted that a Facebook post of the husband of the deceased reveals that the deceased had given huge sums of money to the husband of the petitioner and that the husband of the deceased had questioned this. It is submitted that the petitioner has been named in the suicide note only to save the brother and parents of the deceased from the allegations in the complaint raised by the petitioner.