KUNJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant/accused was charged for the offence punishable under Secs. 306 and 498-A IPC. He was acquitted on the latter count finding that there was no valid marriage between the appellant and the deceased. On the other hand he was convicted for the offence under former count and was sentenced to undergo rigorous imprisonment for 8 years and to pay fine of Rs. 5,000/-. This conviction is under challenge.

(2.) P.W.1 saw the deceased Ammini hanging on the shed of the house owned by son P.W. 6 where she was living, at 8.30 p.m. on 14-11-1997. Immediately prior to that there was quarrel, threat and cruelty by the accused towards the victim. The investigation revealed that she committed suicide because of such illtreatment and cruelty and harassment from the hands of the accused. It was proved from Ext.P-3, the suicide note kept by the deceased. It was in the above circumstance he was charged for the said offence.

(3.) The trial court found that in the light of the dictum laid down in the above reported decision, the accused has illtreated the deceased woman Ammini and due to the cruelty which amount to abetment, the said Ammini committed suicide. Hence I find that offence under Sec. 306 IPC is attracted and the accused is found guilty for the offence under Sec. 306 IPC.