SURESH AND ORS Vs. STATE OF KERALA

JUDGEMENT

(1.) Three members of a family namely son, mother and the daughter were prosecuted for the offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code. Among them, the third accused was acquitted of all charges. The first and the second accused were found guilty on both counts and they were convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 10,000/- each for the offence punishable under Section 498A read with Section 34 of IPC with a default clause of simple imprisonment for four months. They were also sentenced to suffer rigorous imprisonment for five years and to pay a fine of 15,000/- each with a default clause of six months simple imprisonment for the offence punishable under Section 306 of IPC. It is also directed that if the fine amount was realized, 75% of the said amount shall be paid to the father of the victim as compensation. Set off as per law was allowed. The substantive sentences were directed to run concurrently.

(2.) Praseetha, the daughter of PW2 had a love affair with the first accused. As is the usual, that ended in a physical relationship. According to the prosecution allegation, no sooner than the desire was achieved, it is alleged that the first accused sought to withdraw from the relationship and that caused the intervention of the two families who decided to conduct the marriage between the victim and the first accused. A ceremony was conducted in a temple on 21.06.2002. The prosecution allegation is that soon thereafter, the demand for dowry was made by the accused persons and after much deliberations, 25,000/- and 10 sovereigns of gold were given as dowry. The case appears to be that, the first accused was not keen in continuing the relationship and the second and the third accused were deadly against the continuance of the marital relationship. The prosecution would allege that they began to ill-treat the victim and ultimately that led to her committing suicide on 24.09.2002.

(3.) PW2, the father of the victim laid Ext.P2, First Information Statement. That was recorded by PW8, who registered crime as per Ext.P2(a), FIR. He prepared Ext.P6 scene mahazar. He seized several articles found at the place of incident. PW9 took over investigation on 26.09.2002. He filed Ext.P7, report incorporating Section 498A read with Section 34 of IPC. The first accused was arrested on 26.09.2002. The subsequent investigation was carried on by PW10, the Circle Inspector of Police in pursuance to the order of Crime Branch S.P.. PW10 collected various records namely the registers related to marriage etc. and prepared the necessary mahazars. In the meanwhile, inquest was conducted on the body of the deceased and autopsy was also conducted. Autopsy was conducted by CW49 who prepared Ext.P13 post-mortem certificate. After completing investigation, final report was laid before court.