LAWS(KER)-2019-11-376

SHEEJA C V Vs. STATE OF KERALA

Decided On November 25, 2019
Sheeja C V Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.4 among the four accused in the instant Crime No.663/2019 of Marayamuttom Police Station, registered for offences punishable under Secs.306, 498A & 304B read with Sec.34 of the Indian Penal Code . The subject crime was initially registered on 26.08.2019 under Sec.174 of the Code of Criminal Procedure, 1973 on account of the suicide of the lady victim in this case, who is the daughter of the first informant/de facto complainant. The 1 st accused is the husband of the deceased lady victim. The police after investigation have altered the offences to those punishable as per the above referred offences and the accused persons have been arrayed as accused Nos.1 to 4 therein. The accused Nos.2 & 3 are the father and mother respectively of A-1 and the petitioner herein (A-4) is the sister of A-1.

(2.) According to the learned prosecutor, during the course of the investigation, they could recover a diary note said to have been written by the deceased victim, wherein she has stated that the abovesaid four accused persons are responsible for her death. According to the prosecution, the accused persons are subjected the lady victim to constant ill-treatment and cruelty and they had repeatedly demanded dowry, etc.

(3.) The learned counsel for the petitioner would point out that A-4, who is the sister of A-1, is a married lady and that she is living about 36 kms. away from the marital home of A-1 and the deceased victim, but for certain functions she has been always living separately in her own house, which is quite far away and further that the prosecution has not been able to get any documentary evidence to connect the petitioner with the ingredients for the offence of abetment to commit suicide.