Rajesh vs State Of Kerala

The revision petitioner is the accused in the case S.C.No.1256/2009 pending in the Court of the Additional Sessions Judge-I, Thiruvananthapuram.

One day morning, the wife of the petitioner was found hanging at his house. Though she was taken to the hospital, she was declared dead.

Initially, a case was registered for unnatural death under Section 174 Cr.P.C. Later, the case was converted to one under Sections 498A and 306

I.P.C. After completing the investigation, the police filed charge-sheet against the petitioner for the offences punishable under Sections 498A, 302 and

306 I.P.C. The trial court framed charge against the petitioner for the aforesaid offences.

This revision petition is filed by the accused, challenging the charge framed against him by the court below for an offence punishable under Section

302 I.P.C.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary produced by the learned Public Prosecutor.

The case diary contains materials to show that, soon before the deceased was found hanging, the petitioner had beaten her black and blue with a

weapon. She had suffered internal bleeding. The autopsy report shows that her death was due to combined effect of constriction force on the neck

and the blunt injury sustained to the chest. The doctor who conducted the autopsy has given a statement to the police that the injury sustained by the

deceased in the chest independently would have caused her death.

Ex facie, the charge framed against the petitioner by the trial court cannot be sustained. Section 306 I.P.C states that, if any person commits

suicide, whoever abets the commission of such suicide shall be punished. Therefore, only when the death of a person is suicidal, a person can be

charged with the offence of abetment of suicide punishable under Section 306 I.P.C.

Death can be accidental, suicidal or homicidal. The offences punishable under Section 302 of IPC and Section 306 of IPC are mutually exclusive.

The offence punishable under Section 306 of IPC presupposes commission of suicide. The offence punishable under Section 302 of IPC contemplates

punishment for murder which presumes existence of intention on the part of the accused to kill the victim. Section 306 of the IPC envisages suicidal

death and it undisputedly excludes homicidal death. Charges under both sections cannot co-exist. But, charge in the alternative can be framed against

an accused for offences punishable under Sections 302 and 306 I.P.C.

The trial court, in a case triable exclusively by the Court of Session, shall, before framing charge against the accused, hear the submissions of the

accused and the prosecution and consider the records of the case as contemplated under Sections 227/228 Cr.P.C. Thereafter, it may frame charge

against the accused for the offences, if any, disclosed by the materials produced by the prosecution. In the instant case, the trial court has to adopt this

procedure afresh.

Consequently, the charge framed against the petitioner/accused by the trial court is set aside. The trial court shall conduct hearing as contemplated

under Sections 227/228 Cr.P.C and proceed to frame charge against the accused for the offences, if any, disclosed by the materials produced by the

prosecution.

The revision petition is disposed of as above.