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2011 Supreme(Ker) 385

K.HEMA
Joseph – Appellant
Versus
Antony – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M. Ramesh Chander, Advocate.
For the Respondents: R9 - K.S. Sivakumar, PP.

Judgment

1. Jessy died in the early morning of 26.09.1998 in her matrimonial house. Her daughter, aged 1½ years, was also found dead by her side. Jessy’s father, PW1, lodged First information Statement, Ext.P1 before local police and Ext.P1(a) – FIR was registered under the caption “Unnatural death” in Ext.P1, PW1 stated that there is no possibility for Jessy to Commit suicide and that the child was murdered by somebody. During investigation, Jessy’s husband, his parents and sisters were brought to the array of accused. Charge sheet was laid against them as accused 1 to 8, alleging offences under Sections 304B, 498A and 306 of Indian Penal Code (‘IPC’, for short).

2. According to prosecution, deceased Jessy Committed suicide by consuming Sodium Cyanide, which is a poisonous substance. She administered the same substance to her child also. The commission of suicide was allegedly abetted by accused nos.1 to 8, who subjected her to cruelty and harassment in connection with unlawful demand of dowry, during her life time. The marriage of Jessy and first accused took place on 02.08.1995 and she died within seven years of marriage, under suspicious circumstances, on 26.09.1998. Cruelty inf






















































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