SAMIKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Having been prosecuted for the offences punishable under Sections 306 and 498-A of the Indian Penal Code, the sole accused was found guilty of the offence under Section 498-A of IPC alone. He was therefore convicted and sentenced to suffer two years rigorous imprisonment and to pay a fine of 20,000/- and in default of payment of which he has to suffer rigorous imprisonment for six months. It is also directed that if the fine amount was realized, a sum of 10,000/- each shall be paid to the minor children of the deceased.

(2.) The prosecution relates to two incident which happened on two different dates. The allegation is that on 20.05.1999, at 6.00 p.m., the accused who is the brother of the husband of the deceased victim had gone over to the house of the victim and had picked up a quarrel with her in relation to an altercation which the deceased had with the sister of the husband of the victim. It is also alleged that she was beaten by the accused. Two days thereafter, that is on 22.05.1999, the victim set herself on fire. She succumbed to her injuries at about 10.am on 26.05.1999. Initially, a complaint was laid which was registered under the caption "unnatural death". Subsequently, after one month, Ext.P14 report was filed, implicating the accused herein and attributing the offences under Sections 306 and 498-A of IPC as against him. Investigation was conducted and final report was laid.

(3.) The court before which the final report was laid, took cognizance of the offence. Finding that the offences are exclusively triable by a Court of Sessions, the case was committed to the Sessions Court, Kozhikode. The said court made over the case to Additional District and Sessions Court, Fast Track (Adhoc-II), Kozhikode for trial and disposal. The later court, on receipt of records, framed charges for the offences as already made mention of.