RENJITH AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Cr.P.C., 1973

(2.) The petitioners herein are son and mother respectively and they have been arrayed as accused Nos.1 and 2 in Crime No.4408 of 2017 of the Karunagappally Police Station.

(3.) The wife of the 1st petitioner committed suicide by drenching herself with Kerosene and setting herself ablaze. As the marriage between the 1st petitioner was on 19.8.2015, and the unfortunate death, which was other than under normal circumstances, occurred within 7 years of marriage, a crime was duly registered under section 306 of the IPC. The father, sister, near relatives and friends of the victim stated before the investigating officer that the deceased had disclosed to them that the petitioners used to treat her cruelly for her failure to accede to their demands for more dowry. They also stated that not long after the marriage, the deceased used to be taunted that if the 1st accused were to marry someone else, he would have obtained more money and gold. The neighbors of the victim have also given statement before the investigating officer that there were constant strife between the petitioners and the victim and even on the date of incident she was taunted. The father of the victim has stated that on the previous day of the incident, the 1st petitioner had called him up and asked him to take his daughter away. According to the prosecution, soon before the death of the deceased, she was subjected to cruelty and harassment and that was in connection with with demand for dowry. In view of the overwhelming materials against the petitioners, section 304B of the IPC was incorporated later.