VALIYAKAMBRATH SREEDHARAN Vs. KERALA STATE

JUDGEMENT

(1.) The petitioner is the accused in S.C.No.20/1998 on the files of the Assistant Sessions Court, Payyannur. He was convicted under Sec. 498A I.P.C and Sec. 306 I.P.C by the learned Assistant Sessions Judge and sentenced to undergo rigorous imprisonment for one year under Sec. 498A I.P.C and rigorous imprisonment for three years under Sec. 306 I.P.C. In the appeal preferred before the Sessions Court, Thalassery as Crl.A.No.10/2000, the learned Sessions Judge set aside the conviction and sentence awarded for the offence under Sec. 306 I.P.C. However, the conviction and sentence awarded by the Trial Court under Sec. 498A I.P.C were upheld. Aggrieved by the above judgment dtd. 1/8/2006 of the Sessions Court, Thalassery, the petitioner is here before this Court with this revision petition.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

(3.) The prosecution case arose out of the suicide of one Lalitha, the wife of the petitioner herein, along with the two daughters of the petitioner and the said lady, by jumping into the river Vannathipuzha on 19/6/1996. The reason for the above mass suicide was the physical and mental cruelty meted out to the above said Lalitha by the petitioner herein. It is also stated that the petitioner maintained illicit relationship with another lady of his neighbourhood, and that deceased Lalitha had the misfortune to see the petitioner indulging in sexual intercourse with the above said concubine of the petitioner. The deceased and her two daughters resorted to the extreme step of terminating their lives by jumping into a river on the next day after the petitioner's wife had seen the petitioner sharing bed with his concubine.