The court ruled that to establish dowry death under Section 304-B, evidence of cruelty by the husband or relatives must be shown, which was not present against the 2nd accused.

ORDER

Dated this the 6^th day of November, 2024

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the 2^nd accused in SC 533/2016 on the files of the Sessions Court, Thiruvananthapuram and he seeks quashment of the said proceedings.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Gone through the records.

3. In a nut shell, the prosecution allegation is that the victim (who later committed suicide) was married by the 2^nd accused on 14.09.2006 as per religious ceremonies and thereafter they stayed for a period of 2 ½ months at the matrimonial home. The specific case of the prosecution is that while the victim was staying at the matrimonial home, the 1^st accused who is the mother of the 2^nd accused, subjected her to physical, mental and verbal cruelties; and she was denied of dress, food etc. After 2 ½ months of marriage, the 2^nd accused went abroad after allowing the victim to stay along with her mother. While staying at the mother's house, she committed suicide on 06.05.2007 after writing a suicide note. It is in this context, prosecution alleges commission of offence under Section 304-B of the Indian Penal Code, 1860 (for short 'the IPC ' hereafter) by accused Nos. 1 and 2.

4. The prosecution allegation herein is that the victim committed suicide due to cruelty on the part of the 1^st accused as well as the 2^nd accused, through telephone from abroad.

5. On perusing the statements of the mother and father of the victim, heresay knowledge regarding cruelty at the instance of the 1^st accused has been elaborated.

6. The learned counsel for the petitioner/2^nd accused would submit that the petitioner who is the husband of the deceased victim and he has no role in the matter of suicide by the victim and no allegation could be gathered prima facie against him. According to the learned counsel for the petitioner, even in the suicide note, no adverse recitals available against the petitioner. The learned counsel for the petitioner submitted further that as per the suicide note, it has been recited that the 1^st accused alone is responsible for the death of the victim.

7. The learned Public Prosecutor read out the statements showing harassment at the instance of the 1^st accused and also read out the suicide note to assert that there are allegations in plenty against the 1^st accused.

8. I have perused the suicide note written by the victim soon before her death, and in the suicide note it was stated that she was forced to commit suicide because of the cruel attitude of the mother of the 2^nd accused, and it was further stated that the mother of the 2^nd accused alone was responsible for her death. In addition, it was stated that even though the victim loved the 1^st accused, she did not get anything. Even though she hoped that her mother, who was running a tea shop, would get sigh of relief after her marriage, the victim was not in a position to help her mother. The suicide note would recite further that thereafter she suffered multiple illnesses and the treatments for the same were not fully successful. She apprehended further illness to her and also was disappointed about her failure to address her mother's plight. In the suicide note she stated that the 2^nd accused could marry another lady with courage, otherwise his mother would kill her.

9. In this matter, evidently there was cruelty at the hands of 1^st accused, who is now no more. At the same time, the prosecution records would reveal that the husband was not cruel to