High Court Kerala High Court

State Rep.By The Public … vs K. Rajesh on 21 May, 2009

Kerala High Court
State Rep.By The Public … vs K. Rajesh on 21 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 513 of 2002()


1. STATE REP.BY THE PUBLIC PROSECUTOR,
                      ...  Petitioner

                        Vs



1. K. RAJESH, S/O. SADANANDAN,
                       ...       Respondent

                For Petitioner  :PUBLIC PROSECUTOR

                For Respondent  :SRI.P.S.SREEDHARAN PILLAI

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :21/05/2009

 O R D E R
                     M.N. KRISHNAN, J.
                    ---------------------------
                    CRL.A.NO.513 OF 2002-B
                    ------------------------------
               Dated this the 21st day of May, 2009

                           JUDGMENT

This appeal is preferred against the judgment of

acquittal in S.C.No.48/1996 of the Assistant Sessions Judge,

Thalassery. The accused was charge sheeted by the police

for having committed the offences punishable under Sections

498 (A) and 306 of the Indian Penal Code. The brief history

of the case would reveal that the deceased Shilaja was

married by the accused on 26.5.1994. On 19.10.1994 at

about 9.30 a.m she had committed suicide by setting ablaze

her body by pouring kerosene after closing the door. The

prosecution would contend that the death is on account of

the cruelty meted out to her by the husband. The accused

denied everything and the trial court on appreciation of

Exts.P1 to P18 and the evidence of PWs 1 to 25 came to the

conclusion that the prosecution has failed to prove the guilt

of the accused. It is against that decision, State has come

up in appeal.

2. The point arises for determination is whether the court

Crl.A.No.513/02 2

below has erred in arriving at a decision that the accused is

not guilty.

Point:

3. The unfortunate couple got married on 26.5.1994. At

the time of the marriage, the husband was aged 21 years

and the wife was aged 19 years. The matrimonial life did

not last long and within a period of five months, the wife had

committed suicide, for which the husband is now charge

sheeted under Section 498(A) and 306 of the I.P.C. The

reason projected by the prosecution for the suicide is that

the husband had pledged or sold the gold ornaments given

to the wife at the time of her marriage and that has resulted

in the mishap. The defence is totally a denial of the same.

Pw1 is the first informant and his evidence does not implicate

anything against the accused. PWs 2 and 4 are the parents

of the deceased and, according to them, 8 = soverings of

gold, which was given at the time of the marriage, had been

either pledged or sold by the accused and the newly married

couple came to their house with a demand of Rs.5,000/= and

as the parents could not do it, husband of the deceased’s

Crl.A.No.513/02 3

sister gave them a gold chain of 1 = soverings, which,

according to them, was also sold. PW4 also speaks on the

very same line. PW3, who is examined to prove the reason

for the suicide of Shilaja, did not support the prosecution

and he had turned hostile to the prosecution. PW5, elder

sister of the deceased speaks about giving of gold chain of

1 = soverings. PWs 6 and 7, who were examined with an

intend to prove guilt of the accused, did not support the

prosecution at all and they did not depose that the accused

was a drunkard or player of cards. The trial court had

elaborately considered the evidence of PWs 2, 4 and 5,

who had supported the prosecution case. The trial court

observed that Shilaja at no point of time had complained

to PWs 2, 4 or 5 that her husband had treated her with

cruelty. It has also come out in evidence that there was no

demand for dowry or gold ornaments at the time of the

marriage and it was given only voluntarily by the parents

to the daughter. The only piece of evidence which may militate

against the accused is that the materials that are available

according to the court below is that the husband had dealt

Crl.A.No.513/02 4

with the gold ornaments of the wife after the marriage. It

has also come out in evidence from DW1, who is the uncle of

the accused, that amount has been borrowed for the purpose

of conducting the marriage. But there is no iota of evidence

even from the parents of the deceased to the effect that

the deceased Shilaja had at any point of time complained

them about the misappropriation of the gold ornaments or

that the husband has treated her with cruelty. Not only that,

the evidence in this case is to the effect that the mother of the

accused as well as uncle and wife of the accused along with

whom Shilaja lived had at no point of time harassed the

deceased Shilaja. It is also found by the trial court that

even after selling or pledging her gold ornaments, Shilaja did

not make any accusation against the accused when she

visited her house. The court below also pointed out that

when she was under treatment of the doctor after the

incident, then also she had not stated before the doctor that

her husband is responsible for the death.

4. So, on an overall analysis of the entire materials,

the trial court came to the conclusion that there is no

Crl.A.No.513/02 5

evidence to show that the husband has treated the wife with

cruelty so as to attract Section 498 (A) of the Act and in the

absence of proof of guilt under Section 498 (A), the

presumption under Section 113 A of the Act could not be

drawn. So, an analysis of the entire materials only leads me

also to the conclusion that the trial court had appreciated

all the facts in the correct perspective and had arrived at a

decision that the prosecution had not succeeded in proving the

guilt of the accused. Therefore, I do not find any error

committed by the trial court which requires interference at

the hands of this Court.

Therefore, the Criminal Appeal fails and the same

is dismissed.

M.N. KRISHNAN, JUDGE

cl

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