RAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has come before this Court for review of the order passed by the Assistant Sessions Judge, Thrissur, framing charge against the petitioner, his wife and son in S.C. Nos. 88 and 89 of 1994. In S.C. No. 88 of 1994, first accused is the present petitioner, father and the 2nd accused is his son. In S.C. No. 89 of 1994, first accused is the son, 2nd accused is the father and the 3rd accused is the mother.

(2.) The facts as culled out from the arguments of the learned counsel, Mr. Manojkumar, for the petitioner and the learned Public Prosecutor, Mr. S.U. Nazar, are summarised hereunder : On 4-7-1992 at about 6.30 p.m., the victim by name Sumathi, wife of the son accused Balakrishnan and daughter-in-law of the other two accused, Raghavan (present petitioner) and Ammalu, committed suicide by jumping into the well. On the complaint lodged by one of the brother of the deceased to the police on 5-7-1992, a case was registered in Crime No. 69/92 of Erumapetty Police Station under Section 498-A read with Section 34, I.P.C. against the father and son.

(3.) Since the parents of the deceased were not satisfied with the investigation in Crime No. 69 of 1992, yet another brother of the deceased filed a private complaint before the Magistrate under Sections 304-B and 498-A read with Section 34, I.P.C. against the son, the father and mother. That was the case in S.C. No. 89 of 1994. The police charge-sheeted case was assigned S.C. No. 88 of 1994. Learned Sessions Judge of Thrissur Division on receipt of the case records from the Judicial First Class Magistrate, Kunnamkulam, made over the case to the Assistant Sessions Judge, Thrissur for trial and disposal.