ROSAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Session Case No. 237/2005 of Additional District and Sessions Court, Pathanamthitta, who was convicted and sentenced for offences under S.498A of IPC, is the appellant. Charge - sheet was laid for offence under S.306 of IPC as well. But the learned Sessions Judge acquitted the accused of that offence. For the offence under S.498A, she was sentenced to rigorous imprisonment for three years and to pay fine of Rs.10,000/- and in default to simple imprisonment for six months. This appeal is directed against the said conviction and sentence.

(2.) Deceased Joby was married by Reji, the son of the appellant, on 16/05/2002. She was given gold ornaments and a sum of Rs.1,00,000/- at the time of marriage. She was staying happily in her matrimonial home till her husband Reji left for Saudi Arabia. He told her that he will return within one year and then it was stated that he will come after one and a half years and ultimately he was to return on the expiry of two years. However, the husband (Reji) could not come back within two years. The deceased was staying in the matrimonial home along with the mother (appellant), father and sister of Reji.

(3.) According to the prosecution, the appellant subjected the deceased to mental cruelty by making her do all the household work by herself. She was to collect grass for the cow; they also asked her to bring water from the "Oli". She was also made to wash the cloths of her father - in - law, mother - in - law and sister - in - law, who were residing in the house. The appellant used to find fault with the deceased for all works and actions done by her. She was not allowed to have free phone calls to her husband stating that phone bill would increase and that if she wanted to talk more, she should bring more money from her house. Thus, according to the prosecution, the mental cruelty meted out to the deceased was intolerable and because of the cruel treatment mentioned above, she committed suicide by hanging.