Santhoshkumar vs State Of Kerala Represented By The ...
2021 Latest Caselaw 5371 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                      Crl.MC.No.6981 OF 2018(C)

AGAINST THE ORDER/JUDGMENT IN C.P 44/2018 OF JUDICIAL FIRST CLASS
                   MAGISTRATE COURT, KADAKKAL

       CRIME NO.871/2017 OF KADAKKAL POLICE STATION, KOLLAM


PETITIONER/ACCUSED:

             SANTHOSHKUMAR, AGED 41 YEARS,
             S/O SASIDHARA BABU, SUMATHI MANDIRAM, ALUMOODU,
             VELLARVATTOM, ILAMPAZHANNOOR MURI, KADAKKAL VILLAGE,
             KOLLAM DISTRICT.

             BY ADVS.
             K.VIJAYAN
             SRI.R.REGHUTHAMAN


RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

      1      STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA THROUGH THE SUB INSPECTOR OF
             POLICE, KADAKKAL POLICE STATION, KOLLAM-691536.

      2      MAHILADHARAN, AGED 60 YEARS, S/O.MADHAVAN RESIDING AT
             NIKHILA BHAVAN, KOTTAPURAM, KADAKKAL VILLAGE,
             KOLLAM - 691 536.

             R2 BY ADV. SRI.ALEXANDER GEORGE

             PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6981 OF 2018(C)             2




                                    ORDER

A suicidal note was left out by the

deceased, the second father-in-law, against the

petitioner, based on which and the evidence

collected during the course of investigation,

final report was submitted alleging offence

under Section 306 IPC. It was challenged on

the ground that there is no proximity between

the alleged act or omission on the part of

accused with the commission of suicide and even

going by the allegation, it is not sufficient

to lead the victim to the commission of suicide

and took reliance on Gurcharan Singh v. State

of Punjab (2020 KHC 6567).

2. The question whether the alleged act or

omission on the part of accused would be

sufficient to lead the victim to the

commission of suicide and whether there is any

proximity between these two would be a mixed

question of fact and law and requires

consideration by evidence. Hence, the same

cannot be a ground of attack under Section

482 Cr.P.C.

Crl.M.C. is hence dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 A TRUE COPY OF THE FIR IN CR.NO.871/2017.

ANNEXURE A2 A TRUE COPY OF THE INQUET REPORT.

ANNEXURE A3 A TRUE COPY OF TE FINAL REPORT IN CP 44/2018 OF JFM COURT, KADAKKAL.

RESPONDENTS ANNEXURES: NIL

//TRUE COPY//

P.A. TO JUDGE