Point of Law : As per explanation (a) to the Section, any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, is cruelty.

JUDGMENT :

This appeal under Section 374(2) Cr.P.C. has been filed by the first accused in S.C.No.243/2005 on the file of the Court of Sessions, Thrissur, challenging the conviction entered and sentence passed against him for the offences punishable under Section 304-B and Section 498-A IPC.

2. The prosecution case as stated in the charge sheet is as follows-The marriage of the first accused with Rakhi, the deceased, was solemnized on 07/05/1998. At the time of marriage, 45 sovereigns of gold ornaments and Rs.40,000/- had been given to Rakhi by PW1, her father. After marriage Rakhi was residing with her husband, the first accused, in his house along with his family, that is, A2 to A4 who are his parents and brother respectively. After marriage, the gold ornaments and money were taken away by the first accused and utilized for his own needs. The accused demanded the house and property in the name of PW1 to be transferred in the name of the first accused. When the misappropriation of the gold ornaments and money was questioned by Rakhi and as the property as demanded by the accused was not transferred in the name of first accused, Rakhi was subjected to cruelty and harassment. The first accused used to subject her to physical as well as mental harassment. Fed up with the physical and mental torture, Rakhi, on 02/09/2000 poured kerosene and set herself on fire. On 16/09/2000 at 6.30 a.m. Rakhi succumbed to the injuries, due to the severity of the burns sustained. The accused thus abetted her suicide also. Hence the allegation is that the accused have committed the offences punishable under Section 304-B, 306, 498-A read with Section 34 IPC.

3. On the basis of Ext.P21 FIS of PW16, Ext.P22 FIR, i.e., Crime No.296/2000 of Town West Police Station, Trissur was registered by PW18, the then S.I. of the aforesaid police station. PW19, the then Additional S.I. conducted the initial investigation. PW20, the then Dy. S.P., Trissur, took over the investigation, completed the investigation and submitted the charge sheet against four accused persons, namely, the husband, the in-laws and brother-in-law of deceased, Rakhi, alleging commission of the offences punishable under the aforementioned Sections.

4. The third accused died during the pendency of the committal proceedings. Hence the charge against her stood abated. The case against the remaining accused, that is, A1, A2 and A4 was committed to the Sessions court. On appearance of the accused before the court of sessions, they were furnished with copies of all the prosecution records. On 08/11/2005, the court framed a charge for the offences punishable under Sections 304-B, 306, 498-A read with Section 34 IPC, which was read over and explained to the accused, to which they pleaded not guilty. The prosecution examined PWs.1 to 20 and got marked Exts.P1 to P33 and MO.1 and MO.2 in support of their case. After the close of the prosecution evidence, all the accused were questioned under Section 313(1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence of the prosecution. All the accused denied those circumstances and maintained their innocence.

5. As the Sessions Court did not find it a fit case to acquit the accused under Section 232 Cr.P.C., the accused were asked to enter on their defence and adduce evidence in support thereof. No evidence was adduced on behalf of the accused.

6. On a consideration of the oral and documentary evidence and after hearing both sides, the Sessions Court by the impugned judgment acquitted the second and the fourth accused of all the offences charged against them. The first accused was acquitted of the offence punishable under Section 306 IPC. The first accused has however been convicted and sentenced for the offences punishable under Sections 304-B and 498A IPC. He has been sentenced to undergo rigorous imprisonment for 7 years for the offence under Section 304-B IPC and to rigorous imprisonment for 3 years and to a fine of