LAWS(KER)-2006-5-17

DEVASSIA ALIAS ROY Vs. STATE OF KERALA

Decided On May 25, 2006
DEVASSIA @ ROY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The appellant / accused assails the concurrent verdict of guilty, conviction and sentence in a prosecution under Secs. 306 and 498 A of the Indian Penal Code.

(2.) The prosecution alleged that the appellant had married deceased Mini on 16-2-1998. She was allegedly subjected to matrimonial cruelty of the culpable variety by the appellant after 16-2-1998 till 21/6/98. Unable to stand the trauma, Mini allegedly committed suicide on the night of 21-6-98. The prosecution alleged that the appellant was guilty of various acts of matrimonial cruelty punishable under S.498 A of the IPC and abetment the commission of suicide punishable under S.306 of the IPC.

(3.) The investigation commenced with Ext. P1 -- First Information Statement lodged by P.W.2 -- brother inlaw of the accused on the basis of which Ext. P1 (a) F.I.R. was registered. It culminated with the charge sheet submitted by PW 18. Consequent to the plea of not guilty raised by the appellant, PWs 1 to 21 were examined and Exts. P1 to P18 were proved. P.W.1 is the father of the deceased. P.W.2 is his brother inlaw. PWs 3, 4, 5, 6, 7 and 14 are neighbours who reside close to the matrimonial home of the deceased. PWs 11 and 12 are the financiers with whom the appellant had pledged the ornaments of Mini after the marriage before the commission of suicide by her. P. Ws. 16 to 19 and 21 are the Police Officials who had roles to play in the registration of the crime and investigation. PW 20 -- Doctor conducted the post mortem examination. Others are formal witnesses to unfold the case of the prosecution.