JAIS M. JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sole accused in SC No. 110 of 2006 of the Court of the Third Additional Sessions Judge (Ad hoc - I), Thodupuzha is the appellant as he is aggrieved by the judgment dated 10/01/2008 in the above Sessions Case, by which he is convicted and sentenced for the offence punishable under S.304B of IPC.

(2.) THE prosecution allegation is that the accused had lawfully married one Reena, daughter of PW 1 on 07/02/2000 according to the religious custom prevailing in their community, receiving a dowry of Rs.75,000/- along with ornaments, but the accused physically and mentally harassed her on 08/12/2000, during the month of June 2004 and on 22/08/2005 and on other occasions, demanding her to bring more dowry and as a result of such cruelty and harassment meted out by her husband in connection with demand for dowry, she consumed carbofuran poison at the toilet attached to her house bearing No. IV / 374 and died at 7 pm on 23/08/2005 while undergoing treatment at the Holy Family Hospital, Muthalakodam and thus, the accused has committed the offence of dowry death punishable under S.304B of IPC.

(3.) CHALLENGING the judgment of the Trial Court and the conviction and sentence, the accused has preferred the above appeal by engaging an Advocate of his own choice and when the above appeal came up for consideration, another learned Judge of this Court by order dated 14/01/2008 in Crl MA No. 354 of 2008 suspended the execution of the sentence incorporating certain conditions including a condition to the effect that he shall deposit Rs.40,000/- as security, though there was no sentence of fine. Though this Court passed such an order, the same was not executed as the appellant is not financially sound and subsequently, the counsel, through whom the appeal was preferred, relinquished the vakalath. As the counsel for the appellant relinquished the vakalath and as there was no representation, a learned Judge of this Court on 24/03/2011 issued a bailable warrant against the appellant, which was returned by a report filed by the Sub Inspector of Police, Karimannoor stating that the appellant is admitted in the hospital due to chest pain and therefore, the warrant could not be executed. A medical certificate was also produced along with the said report of the Police Officer. In the mean while, the Registry of this Court received a letter No. OP2-59/2010 of the Office of the Superintendent, Open Prison, Nettukaltheri forwarding a letter of the appellant whereby it is requested by the appellant that the appeal proceedings may be stopped in the circumstances mentioned therein. On receiving the above letter from the appellant, this Court directed the Registry to appoint an Advocate from the panel of State Brief to prosecute the appeal on behalf of the appellant, especially when the counsel, who filed the appeal, relinquished the vakalath. Accordingly, Advocate Sri. B. H. Mansoor is appointed as State Brief. Thus, I have heard Sri. B. H. Mansoor, the learned counsel for the appellant and Smt. Laliza, the learned Public Prosecutor for the State.