RAJESH P.B. Vs. STATE OF KERALA

JUDGEMENT

(1.) The subject crime in this case is Crime No.210/2019 of Chittarikkal Police Station, Kasargode District, was initially registered under Sec.174 of the Code of Criminal Procedure, 1973 on account of the unnatural death/suicide of the lady victim involved in this case on 05.09.2019 at about 2.30 p.m. The instant FIR has been registered under Sec.174 of the Cr.P.C on the same day (05.09.2019) at about 6.05 p.m. The police after investigation has altered the offence to that as per Sec.306 of the Indian Penal Code and the petitioner herein has been arrayed as the sole accused.

(2.) The prosecution case in short is that the petitioner aged 23 years was earlier having a love affair with the lady victim aged 22 years and that they were college-mates and that later, she decided to marry another person and even thereafter, the petitioner was consistently harassing her and troubling her and even telling some of her close friends that she had sexual relationship with him and that her affair with him was continued even after she was engaged to the other man and further that he had threatened her that he will disclose their affair to her proposed bridegroom and that due to his constant threats and harassments, she has committed suicide on the abovesaid day and that the petitioner has thus instigated and abetted her to commit suicide and hence, the petitioner has committed the abovesaid offence.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are baseless and that it is true that the petitioner was having a love affair with the lady victim and the same was opposed strongly by the parents of the victim and that the marriage of the lady victim was already fixed with another person. The abovesaid allegations made by the prosecution cannot be said to even remotely amount to an act said to have been done by the petitioner to instigate the lady victim to commit suicide and that the prosecution has no materials even remotely to make out the case that the petitioner has instigated the lady victim to commit suicide, so as to disclose the serious offence as per Sec.306 of the Indian Penal Code.