IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937

WP(C).No. 5584 of 2015 (W)

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WRIT PETITIONER :-

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KUTTAN, AGED 53 YEARS,

S/O.SANKU, VALIYAPARAMBIL HOUSE,

KARAMUKKU VILLAGE,

KANDASSAMKADAVU DESAM,

THRISSUR TALUK AND DISTRICT.

BY ADV. SMT.R.PADMAKUMARI

RESPONDENT(S) :-

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1. STATE OF KERALA,

REPRESENTED BY ITS PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

2. DEPUTY SUPERINTENDENT OF POLICE,

THRISSUR - 680 001.

3. SUB INSPECTOR OF POLICE,

VIYYOOR POLICE STATION, VIYYOOR,

THRISSUR - 680 001.

Addl.R4. THE ASSISTANT COMMISSIONER OF POLICE,

GURUVAYOOR.

ADDL.R4 IMPLEADED AS PER ORDER DATED 06.03.2015 IN IA 3025/15.

R BY SMT.V.H.JASMINE, PUBLIC PROSECUTOR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5584 of 2015 (W)

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APPENDIX

PETITIONER(S)' EXHIBITS :-

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EXHIBIT P1 : THE TRUE COPY OF THE FIR IN CRIME NO.105/2007 OF VIYYUR

POLICE STATION.

EXHIBIT P2 : THE TRUE COPY OF THE CHARHE SHEET IN CRIME NO.105/2007 OF

VIYYUR POLICE STATION.

EXHIBIT P3 : THE TRUE COPY OF THE COMPLAINT DATED 27.2.2007 SUBMITTED

BEFORE THE HOME MINISTER, KERALA.

EXHIBIT P4 : THE TRUE COPY OF THE REPLY DATED 9.8.2007 ISSUED BY THE

ADDITIONAL CHIEF SECRETARY TO THE DEPARTMENT OF HOME.

RESPONDENT(S)' EXHIBITS :- NIL

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//TRUE COPY//

P.A. TO JUDGE

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P.UBAID, J.

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W.P.(C)No.5584 of 2015

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Dated this the 4^th day of August, 2015

JUDGMENT

The petitioner herein is the defacto complainant in S.C.No.436 of 2008,

before the Additional Assistant Sessions Judge, Thrissur. The offences

alleged in the final reported submitted by the police are under Sections 498A

and 306 IPC. The petitioner now wants further investigation on the

allegation that the offence under Section 304(B) IPC is revealed by the

materials, and so the police should have submitted final report under Section

304(B) IPC, instead of Section 306 IPC. On hearing the learned counsel, and

on a perusal of the original complaint that led to the crime, I find nothing

definite to attract Section 304(B) IPC. Just because the deceased had been

mentally or physically harassed within a period of seven years on a demand

for dowry, prosecution cannot be brought under Section 304(B) IPC. For a

prosecution under Section 304(B) IPC, there must be a definite case that

soon before the death the deceased had been subjected to cruelty on a

demand for more dowry, and ornaments. Such harassment soon before the

death is the essential ingredient of Section 304(B) IPC. In this case, in the

complaint made by the complainant, I do not find such allegations. I find

that there is no scope in this case for a further investigation into the offence

under Section 304(B) IPC. Abatment of Commission of suicide by acts of

W.P.(C)No.5584 of 2015

2

cruelty including persistent demand for dowry and ornaments will even

otherwise come under Section 306 IPC. To come under Section 304(B) IPC,

something more is required. It appears that the petitioner seeks a direction

for further investigation into the offence under Section 304(B) IPC simply on

the ground that the death occurred within seven years. I find that this writ

petition is meritless.

In the result, this writ petition is dismissed in limine, without being

admitted to files.