SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) TO be or not to be; that is the question: Whether 'tis nobler in the mind to suffer The s lings and arrows of outrageous fortune, Or to take arms against a sea of troubles, An bv opposing end them. '' Shakespeare, Hamlet. The petitioner is the sole accused in S.C. No. 245 of 2008 for an offence under Section 306 IPC.

(2.) THE case of the prosecution as evidenced by the final report is that the petitioner was married to the deceased Juliegandhi five years prior to 22.8.2007, which is the date of the occurrence. There was marital discord between the petitioner and his wife. It is alleged by the prosecution that on 22.8.2007, at about 8 O ' Clock, the child of the couple had taken sour food from the earthen pot and on account of which, the petitioner is supposed to have scolded his wife. Aggrieved over which, his wife committed suicide by taking pesticide. She died subsequently at 11 a.m., on that day. There is no dying declaration in this case. The Revenue Divisional Officer 's report discloses that the death was not due to demand of dowry warranting a prosecution under Section 304 -B of IPC. Therefore, the prosecution was rest content with filing a final report for an offence under Section 306 IPC.

(3.) A complete reading of the final report and the 161 Statements reveal that apart from scolding his wife for allowing the child to eat sour food, the petitioner has not done anything to instigate or aid the commission of suicide by his wife.