STEBERT KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Hyzel Stuwert, a young lady in the beginning of her youth, was found dead in suspicious circumstances at the matrimonial home, during the night of 06.07.2012. The unfortunate father of the girl has come up with this Crl.M.C. under Section 482 Cr.P.C. seeking an expeditious disposal of S.C.No.1570/2014 for offences punishable under Sections 498A, 304B and 201 read with Section 34 of the Indian Penal Code pending before the First Additional Sessions Court, Thiruvananthapuram, in respect of her death.

(2.) The case forwarded by the investigating officer through the final report in Crime No.795/2012 of the Vizhinjam Police Station, the investigation of which was subsequently handed over to the Crime Branch who re- registered the case as Crime 744/CR/HHW-1/12, in short, is as follows: Deceased Hyzel Stuwert, daughter of the petitioner herein, while she was a student of the Mar Ivanius College, Thiruvananthapuram, was enticed by the first accused in the year 2007. She went along with him and they resided together at several places. Thereafter, the first accused, and A2 to A5, who are the mother, brothers and sister of the first accused, started demanding dowry from the petitioner, for solemnizing the marriage. As the petitioner had no other go than to heed to their demand for solemnizing the marriage of his daughter, he gave 55 sovereigns of gold ornaments and an amount of 8 lakhs as dowry to the first accused. Three months after the marriage the first accused went to gulf in connection with his job. Subsequently, Hyzel Stuwert developed ailments to her kidney and heart. She was not provided with medical treatment or medicines. She was not given any rest and she was burdened with all the heavy works at the house. She was not being permitted to go to her house or to meet her relatives. The first accused returned from gulf. The other accused gave him false and exaggerated versions regarding the defects which they could find in the victim. On hearing it, the victim was being severely beaten up by the first accused. In the mean time, some properties of the parents of the victim were acquired for the development of the Vizhinjam Port, for which the parents got an amount of 1= crores. On coming to know about it, the accused directed the victim to procure an amount of 50 lakhs more, by way of dowry from it. Even though the parents of the victim paid an amount of 5 lakhs more, the victim was being continuously tortured and harassed by demanding 50 lakhs.

(3.) On 04.07.2012 the deceased had attended the funeral of the son of her mother's elder sister. As she was little bit late in returning, she was severely beaten up by the first accused. As she could not withstand the harassment, she allegedly attempted to commit suicide. On seeing it, the first accused called A2 to A5 and in their presence she was severely beaten up. She was slapped and fisted repeatedly on her cheeks and lips. It is alleged that after leaving the deceased alone, all the accused went out. During that time, in between 7.30 p.m. and 8.30 p.m. she committed suicide by hanging on the ceiling fan in the bed room situated on the first floor of the building. It is alleged that on seeing it, the first accused called A2 to A5 and all of them cut and removed the rope and took her to the Community Health Centre, Vizhinjam. The accused had allegedly concealed the fact of hanging by the deceased and told the doctor that she was suffering from heart attack. From there, she was taken to Ananthapuri Hospital where she allegedly died on 07.07.2012 at 2.30 a.m. According to the investigating officer, it is dowry death within the meaning of Section 304B IPC and accused have committed the offences punishable under Sections 498A, 304B and 201 read with Section 34 IPC.