NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition is at the instance of the appellants in Crl.Appeal No.298 of 2000 on the file of Additional Sessions Judge, Fast Track Court No.I, Palakkad, who are the accused in SC No.218 of 1998 on the file of Assistant Sessions Judge (Additional), Palakkad. The revision petitioners are challenging the judgment in Crl.Appeal No.298 of 2000, as their appeal was allowed only in part, though their prayer was for an honourable acquittal.

(2.) The revision petitioners faced trial for offences punishable under Ss. 306 and 498A of IPC, and they were convicted and sentenced to undergo simple imprisonment for four years each and fine of Rs.2,000.00 each under Sec. 306 of IPC, with a default sentence of two months each and simple imprisonment for one year each and fine of Rs.1,000.00 each under Sec. 498A of IPC with a default sentence of one month each, directing the sentences to run concurrently. In the appeal, the conviction was upheld, but the sentence under Sec. 306 of IPC was modified and reduced to simple imprisonment for two years each, instead of four years, without modifying the fine amount. According to the revision petitioners, the prosecution utterly failed to prove its case and so, they were liable to be acquitted, and hence they approached this Court with this Revision Petition.

(3.) The factual matrix of the prosecution case could be summarised as follows: The 1st revision petitioner fell in love with the deceased named Chandrika and she eloped with him and entered into a marriage agreement on 1/9/1997. Thereafter, they lived together as husband and wife in the house of the 1st revision petitioner, along with other revision petitioners, who are his parents and brother. The revision petitioners 2 to 4 were not happy with that marriage. They harassed and humiliated Smt.Chandrika, as she did not bring sufficient patrimony from her house. So, the 1st revision petitioner and Smt.Chandrika shifted their residence to a separate house. There also, they continued their ill-treatment, and the 1st revision petitioner also supported them by keeping silence. Unable to bear the ill-treatment and harassment, on 24/12/1997, Smt.Chandrika attempted suicide by self immolation using kerosene. Due to the severity of the burn injuries suffered by her, she died at Medical College Hospital, Thrissur on 29/12/1997.