UMMER KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in CC No. 2877/2012 of the Judicial First Class Magistrate Court -I, Tirur, wherein the offence under Sec. 498A IPC is alleged by the prosecution. The case relates to the commission of suicide by the petitioner's wife, Raheena. On the complaint of the relatives, the police conducted investigation, and submitted final report under Sec. 498A IPC. It appears that pending trial, the whole dispute was settled, and during trial, the material witnesses turned hostile. After framing charge under Sec. 498A IPC, the learned Magistrate examined four witnesses who are the very material witnesses cited by the prosecution. After examination of the 4th witness, the learned Magistrate passed the impugned Annexure -A6 order, converting the proceedings to committal proceeding, on the finding that the allegations make out the offence under Sec. 306 IPC. The said order is under challenge, and it is sought to be set aside. The full diary extract up to the Annexure -A6 order and also the copy of the deposition given by the witnesses are made available from the Trial Court. On a perusal of the depositions, I find that nobody has in any manner supported the prosecution. The persons examined by the prosecution are the near relatives of the deceased. Everybody stated that he does not know why Raheena committed suicide, and nobody has got a case that Raheena had in any manner been physically or mentally harassed by the accused. It is submitted that all the witnesses deposed so, in view of a settlement made out of Court. Sec. 323 Cr.P.C. provides the procedure for committal of a case involving a summons trial procedure or warrant trial procedure. The Sec. provides that if in any enquiry in to an offence, or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit the case to that Court under the provisions of the Cr.P.C.. Thus, the law is very clear that in a pending case involving summons trial or warrant trial before a Magistrate, the Court can initiate committal proceeding and commit the case to the Court of Session, only if it appears to the Magistrate that the case is one which ought to be tried by the Court of Session. Thus, there must be something which tells the Court, and which convinces the learned Magistrate that the case is one which ought to be tried by the Court of Session. Here, nobody is there to support the prosecution, in any manner. Nobody knows the reason for commission of suicide. Nobody knows why Raheena committed suicide. Nobody blames the accused, that Raheena had been, in any manner, mentally or physically harassed by her husband. The final report also does not contain anything to indicate that commission of suicide by Raheena was in any manner affected by the accused. What is alleged in the final report is that Raheena had been subjected to some harassment by the husband, but the final report does not allege that such harassment led to the commission of suicide, or that the acts of the accused by a continuous course of cruel conduct made the lady commit suicide. It is not known from where the learned Magistrate got materials for a satisfaction that the case ought to be tried by the Court of Session. I find that the impugned order is liable to be set aside.