PREMAKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was prosecuted for the offences punishable under Sections 498A, 306, 304B of Indian Penal Code. He was found guilty of the offences punishable under Sections 498A and 306 IPC and was therefore convicted and sentenced to suffer rigorous imprisonment for a period of two years under Section 498A IPC and rigorous imprisonment for another seven years under Section 306 IPC. The substantive sentences were directed to run concurrently and set off as per law was allowed. It is significant to notice that even though for both the offences, imposition of fine is mandatory, the court below has omitted to do so.

(2.) THE marriage between the accused and the victim was solemnised on 05.05.1996. The couple had a girl child in that wedlock. The allegation is that soon after the marriage, the accused began to pester the victim demanding more dowry and he used to ill -treat her for not bringing more money. It is alleged that on the 15th day of marriage, the victim had come to her house and stayed there for one month and according to her, she was being ill -treated by the accused. The allegation is that the brother of the accused mediated and on the assurance given by accused, the victim returned to the matrimonial house. It appears that she had come home for delivery and stayed in her house for six months. Further allegation is that the accused used to send the victim home on several occasions demanding money for various purposes and PW1, father of the victim, was unable to give the money asked for and ultimately, the ill -treatment became so unbearable that the victim committed suicide by hanging on 11.07.1999.

(3.) THE court before which final report was laid took cognizance of the offences and on finding that the offences are exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Palakkad. The said court made over the case to Assistant Sessions Court (Prl.), Palakkad for trial and disposal. The latter court, on receipt of records and on appearance of the accused, framed charges for the offences punishable under Sections 498A, 306 and 304B IPC. To the charge, accused pleaded not guilty and claimed to be tried. The prosecution therefore had PWs 1 to 17 examined and Exts.P1 to P21 marked.