N.ANSARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in S.C. No. 1282 of 2006 on the file of the Additional District and Sessions Judge, Adhoc-II, Kollam and he is challenging the conviction and sentence imposed on him for the offence under Section 498A IPC.

(2.) The prosecution case is that the accused contracted marriage with Vinitha @ Remya, daughter of PW11, by registering an agreement of marriage before the Sub Registry Office, Kulathupuzha on 30.10.2000. While the deceased was living with the accused in his house at Kulathupuzha, she was subjected to physical and mental cruelty in connection with demand for dowry and on 16.02.2002, she consumed formic acid and subsequently, died on 29.05.2002.

(3.) On the basis of Exhibit P1, First Information Statement of PW1, the stepfather of the deceased, Exhibit P5 FIR was registered under Section 174 Cr.P.C on 29.05.2002 and subsequently, investigation for the offence under Section 304B r/w 34 IPC was conducted and after completing the investigation, PW14, Circle Inspector, filed final report for the offence under Section 304B r/w 34 IPC against the accused/appellant and his sister and since the second accused was a juvenile, a separate charge was filed against her before the Juvenile Justice Board.