P. SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in S.C.No.46/1998 on the files of the Additional Assistant Sessions Judge, Thalassery, who were convicted and sentenced by the said court for the commission of offence under Sec. 306 I.P.C and Sec. 498A I.P.C. The sentences awarded were rigorous imprisonment for five years and fine Rs.50,000.00 under Sec. 306 I.P.C and rigorous imprisonment for two years under Sec. 498A I.P.C. A default sentence of rigorous imprisonment for two years was also prescribed for non payment of fine. Though the petitioners preferred appeal before the Sessions Court, Thalassery, the learned Additional Sessions Judge (Adhoc) III, Thalassery confirmed the conviction and sentence awarded by the Trial Court. It is against the aforesaid judgment dtd. 14/2/2006 of the Appellate Court in Crl.A.No.103/2001, that the petitioners are here before this Court with this Revision Petition.

(2.) The prosecution case relates to the suicide of one Mrs. Shyla @ Reena, the wife of the first petitioner herein, on 5/3/1996 due to the alleged cruelty meted out to her by the petitioners. The second petitioner is the mother of the first petitioner. It is alleged that ever since the marriage of the deceased Shyla with the first petitioner on 3/5/1993, the petitioners had been subjecting her to cruelty demanding more dowry. It is stated that the parents of the deceased Shyla were not able to honour their commitment to purchase 50 cents of land in the name of the first petitioner as promised at the time of marriage of the deceased with the first petitioner. According to the prosecution, the petitioners had been humiliating deceased Shyla by inflicting physical and mental torture upon her due to the failure of her parents to purchase 50 cents of land as agreed at the time of marriage of the deceased with the first petitioner. Unable to bear the tortures allegedly inflicted by the petitioners, the deceased Shyla, along with her 1 1/2 year old male child, jumped into the well of the house of the petitioners at about 7:00 a.m on 5/3/1996. Though the local people who rushed to the spot retrieved the deceased lady as well as her baby from the well, the said lady is said to have breathed her last while being taken to hospital. However, the 1 1/2 year old male child of the deceased survived due to the timely medical treatment given to him. Thus, the petitioners are alleged to have committed the aforesaid offences.

(3.) In the trial conducted before the learned Additional Assistant Sessions Judge, Thalassery, 15 witnesses were examined from the part of the prosecution as PW1 to P15 and sixteen documents were marked as Exts.P1 to P16. Five material objects were identified as MO1 to MO5. To the questions put to the petitioners by the learned Trial Judge under Sec. 313 Cr.P.C., the petitioners took up a plea of total denial. From the part of the petitioners, six witnesses were examined as DW1 to DW6 and two documents were marked as Exts.D1 and D2. After an evaluation of the aforesaid evidence, and hearing both sides, the learned Additional Assistant Sessions Judge found that the prosecution has successfully established the charge levelled against both the petitioners. Accordingly, the petitioners were awarded the sentence as stated above. In the appeal, the learned Additional Sessions Judge made a reappraisal of the entire evidence, and found that there is absolutely no reason to interfere with the findings of the Trial Court. Accordingly, the appeal was dismissed, confirming the conviction and sentence awarded by the Trial Court. Aggrieved by the above verdict of the Appellate Court, the petitioners have filed this revision petition before this Court.