SURESH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. has been filed by the first accused in S.C.No.243/2005 on the file of the Court of Sessions, Thrissur, challenging the conviction entered and sentence passed against him for the offences punishable under Sec. 304-B and Sec. 498-A IPC.

(2.) The prosecution case as stated in the charge sheet is as follows-The marriage of the first accused with Rakhi, the deceased, was solemnized on 07/05/1998. At the time of marriage, 45 sovereigns of gold ornaments and Rs.40,000.00 had been given to Rakhi by PW1, her father. After marriage Rakhi was residing with her husband, the first accused, in his house along with his family, that is, A2 to A4 who are his parents and brother respectively. After marriage, the gold ornaments and money were taken away by the first accused and utilized for his own needs. The accused demanded the house and property in the name of PW1 to be transferred in the name of the first accused. When the misappropriation of the gold ornaments and money was questioned by Rakhi and as the property as demanded by the accused was not transferred in the name of first accused, Rakhi was subjected to cruelty and harassment. The first accused used to subject her to physical as well as mental harassment. Fed up with the physical and mental torture, Rakhi, on 02/09/2000 poured kerosene and set herself on fire. On 16/09/2000 at 6.30 a.m. Rakhi succumbed to the injuries, due to the severity of the burns sustained. The accused thus abetted her suicide also. Hence the allegation is that the accused have committed the offences punishable under Sec. 304-B, 306, 498-A read with Sec. 34 IPC.

(3.) On the basis of Ext.P21 FIS of PW16, Ext.P22 FIR, i.e., Crime No.296/2000 of Town West Police Station, Trissur was registered by PW18, the then S.I. of the aforesaid police station. PW19, the then Additional S.I. conducted the initial investigation. PW20, the then Dy.S.P., Trissur, took over the investigation, completed the investigation and submitted the charge sheet against four accused persons, namely, the husband, the in-laws and brother-in-law of deceased, Rakhi, alleging commission of the offences punishable under the aforementioned Ss. .