STATE OF KERALA Vs. MOHANAN PILLAI

JUDGEMENT

(1.) As Chandrika, a housewife, committed suicide by burning herself, her husband is indicted for "dowry death". Sessions Court, before which he was tried for the offence, acquitted him. This appeal by the State is in challenge of the said order of acquittal.

(2.) Marriage between the accused and Chandrika was solemnised on 25-11-1984. Parents of Chandrika gave her fifteen sovereigns of gold in the form of ornaments besides cash worth Rs. 5.000/- at the time of her marriage. Within six months, an item of landed property (fifty cents in extent) was also transferred in her name as party of her dowry. Husband and wife and their little child were living together in a building constructed by him. Though they received some more financial help from Chandrika's parents for construction of the house, they incurred some debts before completion of the house construction. So, the couple wanted the landed property to be disposed of to raise funds in order to clear off the liability. They used to visit her parent's house and she was left alone occasionally in the house. During then, she made demands to her parents to give further financial assistance.

(3.) It was on 21-10-1987 that Chandrika committed the fatal act by pouring kerosene on her body and lighting fire. In a trice she was incinerated and was succumbed to extensive burns. Her parents, on receiving information of the death of their daughter, rushed to the house and saw the charred body, first information statement was furnished by her father before Sasthamkotta Police Station around noon on the basis of which an F.I.R. for unnatural death was prepared. However, when investigation progressed the case turned into one for dowry death and the accused was arrested later. Final report was laid on completion of the investigation alleging that he had committed the offence under S.304 B of the Indian Penal Code.