IMPORTANT POINT
Uninformed legitimization of trivialities would make a mockery of administration of criminal justice.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court allowing the appeal filed by the respondent-State of Karnataka. Said Criminal appeal was filed under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 (in short the ‘Code’). The learned 3rd Additional Sessions Judge, Dharwad, directed acquittal of the present appellants who faced trial for alleged ommission of offences punishable under Sections 304-B, 306, 498-A read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’).

2. The prosecution version in a nutshell is as follows:

The accused No.1 is the husband of Ratnavva (hereinafter referred to as the ‘deceased’) who was given in marriage to the accused No.1 about 1= years prior to her death and during their marriage, the accused No.1 was given 11 tolas of gold and a cash of Rs.10,000/- alongwith other utensils. In spite of all this, the accused were ill-treating and harassing the deceased Ratnavva coercing her to bring more dowry and accordingly a cheque of Rs.10,000/- was given to the accused No.1 by the mother of the deceased. But in spite of that the accused did not stop the ill-treatment, and harassment to the deceased Ratnavva. On account of constant harassment and ill treatment to the deceased, they made the life of the deceased a miserable one which abetted the deceased to commit suicide. The accused No.1 is the husband of the deceased, the accused Nos.2 and 3 are the parents in law, the accused Nos.4 and 5 are the sisters in law and the accused No.6 is the brother in law of the deceased.

On the basis of information lodged, investigation was undertaken and in completion thereof chargesheet was filed. As accused persons pleaded innocence, trial was held. In order to substantiate its case, the prosecution has examined at the trial PWs.1 to 18 and got marked in evidence Ex.P1 to P15 and Mos.1 to 12. Investigation was undertaken.

The trial Court held that the Investigating Officer should not have proceeded with the investigation as he was the complainant and on that ground held the prosecution version to be tainted. It also found that the evidence of the witnesses did not inspire confidence.

Acquittal was challenged before the High Court, which on the other hand held that the conclusions of the trial Court are erroneous.

3. Learned counsel for the appellants submitted that the High Court nowhere recorded a finding that the conclusions of the trial Court were either perverse or not supported by reasons.

4. Learned counsel for the respondent-State on the other hand supported the judgment of the High Court.

5. So far as the desirability of the complainant undertaking investigation is concerned there is no legal bar. The decisions of this Court in Bhagwan Singh v. The State of Rajasthan1 (1976 (1) SCC 15 at para 18) and Megha Singh v. State of Haryana2 (1996 (11) SCC 709 at para 4) have to be confined to the facts of the said cases. Merely because the complainant conducted the investigation, that would not be sufficient to cast doubt on the prosecution version to hold that the same makes the prosecution version vulnerable. The matter has to be decided on case to case basis without any universal generalization.

6. On the facts of the present case A-1 went to lodge the report. The S.I. (PW-17) registered the case and on completion of investigation charge sheet was filed by D.S.P.

7. So far as appeals against acquittals are concerned, Chapter XXIX (Sections 372-394) of the Code deals with appeals. Section 372 expressly declares that no appeal shall lie from any judgment or order of a criminal court except as provided by the Code or by any other law for the time being in force. Section 373 provides for filing of appeals in certain cases. Section 374 allows appeals from convictions. Section 375 bars appeals in cases where the accused pleads guilty. Likewise, no appeal is maintainable in petty cases (Section 376). Section 377 perm