SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the 1 st and 2nd accused in S.C.No.281/2007 on the file of the Addl. Sessions Court (Adhoc)-I, Kottayam challenging the judgment dtd. 6/3/2008 convicting them under Sec. 306 r/w 34 IPC.

(2.) One Mr.Madhavan, a 73 year old agriculturist, committed suicide on 29/9/2006 by consuming poison. The police registered the crime initially under Sec. 174 of Cr.P.C on the basis of a statement given by PW1, the grandson of the deceased, at 8 am. on 30/9/2006. Ext.P10 is the FIR. It was registered by PW8, the Sub Inspector of Police, Ayarkunnam Police Station. He conducted initial part of the investigation. Admittedly, the 1st accused had borrowed a sum of Rs.25,000.00 from the deceased in the year 2001. When PW8 questioned the witnesses as part of the investigation, it was disclosed that in spite of repeated demands, the accused did not repay the amount borrowed, instead they consistently humiliated, harassed and threatened the deceased and on account of the said constant threat, harassment and humiliation, he committed suicide. Accordingly, Sec. 306 r/w. 34 IPC was added and the appellants were arrayed as accused. PW7, the Sub Inspector of Police, Ayarkunnam Police Station, took up the investigation from PW8 on 30/10/2006. He arrested the accused. PW9, the Sub Inspector of Police, Ayarkunnam Police Station, verified the case records and filed final report before the Magistrate. The learned Magistrate after complying with the statutory formalities committed the case to stand trial at the Court of Sessions.

(3.) On receipt of summons, the accused appeared at the court below. After hearing both sides, the charge under Sec. 306 r/w 34 of IPC was framed against the accused. The charge was read over and explained to the accused who pleaded not guilty.