GAJENDRAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Suresh Babu, the husband of the 2nd respondent herein committed suicide by hanging on 3.12.2010. In respect of the above incident, crime No.642 of 2010 of Chevayoor Police Station was registered under the caption 'unnatural death'. Investigation revealed that aforesaid Suresh Babu was having illicit relationship with one Sheeba, the wife of the petitioner herein. Autopsy conducted revealed that the cause of death was hanging.

(2.) Investigation was conducted by the Sub Inspector if Police, Chevayoor and on its conclusion Annexure A1 report, was submitted before the Sub Divisional Magistrate, Kozhikode, closing the above matter.

(3.) Aggrieved by the above, the 2nd respondent filed a complaint before the learned Magistrate implicating the petitioner, his wife and a relative of the petitioner. The learned Magistrate examined the complainant and the witnesses and concluded that sufficient grounds were made out for proceeding against the accused for the offence punishable under Section 306 read with Section 34 of the IPC.