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2004 Supreme(AP) 605
2004 (4) Crimes 119
Karnataka High Court
N.S. Veerabhadraiah, J.
The State of Karnataka —Appellant
versus
Shivaraj —Respondent
Criminal Appeal No. 747 of 1998
Decided on 25-6-2004
Counsel for the parties:
For the Appellant : Sri S.G. Rajendra Reddy, High Court Government Pleader.
For the Respondent : Sri R.B. Sangamesh, Advocate.
Important Point
Dying declaration wherein deceased pointed out that it was accused who sub-jected her to harassment and cruelty could be accepted even without corroboration to convict accused u/s. 498A IPC.
Headnote:Indian Penal Code, 1860 — Sections 306 and 498A — Deceased, got married to respondent accused in 1978, poured kerosene on her and set herself on fire — Accused used to come fully drunk and used to assault her — Dying declaration by deceased and evidence of her parents that accused used to treat deceased with cruelty — Acquittal by trial Court — State appeal — Statement of deceased recorded by police in hospital attested by medical officer that on date of incident accused came home fully drunk, started assaulting her to demand her parents to provide a room for stay — Though statement did not say anything about abetting deceased to commit suicide, it made out a case for harassment and cruelty — Sufficient evidence that there was harassment and cruelty by accused to deceased — Dying declaration was sufficient to hold that cruelty was meted out — Accused was liable to be convicted u/s. 498A IPC — Incident was 15 years old and accused was now aged 55 years and had three children dependent on him, sentence of 3 months imprisonment and fine Rs. 2,000/- awarded. (Paras 17 to 29)
Result: Appeal allowed partly.
N.S. Veerabhadraiah, J.— This appeal is by the State assailing the Judgment of acquittal of the accused for the offence under Sections 498-A and 306 of I.P.C. in Sessions Case No. 57 of 1990 by the learned Additional Sessions Judge, Bidar, dated 30.3.1998.
2. The case of the prosecution in brief are as follows :
The marriage of deceased-Shakti Devi took place somewhere in the year 1978. Out of their wedlock two daughters and a son were born. The deceased was a B.A., B.Ed., double graduate with typewriting qualification and for sometime she was working as High School Teacher in Kalur Lingeshwar School and left the job. Whereas, the accused was running a radio repair shop at the time of the incident at Humnabad. It is alleged by the prosecution that the accused-Shivaraj was addicted to alcohol and that he used to come home fully drunk, assaulting his wife and also subjecting her to cruelty. That on 13.2.1988 at about 7.00 p.m. the accused having fully drunk started quarreling. Shakti Devi having fed-up herself poured kerosene on her body and lit fire. On seeing the incident, the neighbours rushed, put off the fire and she was shifted to General Hospital at Humnabad. P.W.6-Dr. Karpur Mallappa treated her and advised to shift her to major hospital. He sent M.L.C. report to the police. On receiving the M.L.C. report, P.W.7-B.S. Malagathi, P.S.I., visited the hospital, recorded the statement of the victim as per Ex.P4 in the presence of the doctor, returned to the police station and registered a case in Cr. No. 60 of 1988 for the offence under Sections 306 and 498-A of I.P.C. Later the victim was shifted to General Hospital, Solapur. It is further alleged that the statement of the victim was recorded by the Special Judicial Magistrate, Solapur, as per Ex.P6 on 14.3.1988 between 5.40 to 6.40 p.m. The victim-Shakti Devi breath her last on 14.3.1988 at about 5.00 p.m. or so. P.W.9-Dr. Subashchandra of Solapur General Hospital conducted autopsy on 15.3.1988 between 6.05 to 6.40 p,m. as per Ex.P8 and opined that the death was due to shock on account of 83% burns. P.W.7-B.S. Malagathi, P.S.I. Humnabad, pre-pared mahazar as per Ex.P5, seized the material objects, recorded the statement of the witnesses and handed over the further investigation to C.O.D. Police Inspector i.e., P.W.8-G.R. Patil. On 11.8.1988, P.W.8-G.R. Patil took over further investigation, recorded the statement of the witnesses, collected the post-mortem report as per Ex.P8 and wound certificate of the deceased as per Ex.P2. After completion of the investigation, filed the charge sheet for the offence under Sections 306 and 498-A of I.P.C.
The learned Additional Sessions Judge, Bidar, secured the presence of the accused. Charges were framed for the offence under Sections 498-A and 306 of I.P.C. The accused pleaded not guilty and claimed to be tried. The prosecution in all examined P.Ws. l to 9, marked Exs. P1 to P8 and produced M.Os. l to 4. The statement of the accused was recorded under Section 313 of Cr.P.C. The defence is one of total denial. The learned Additional Sessions Judge, for the reasons recorded in its Judgment acquitted the accused for the offence under Sections 498-A and 306 of I.P.C. It is this Judgment of acquittal, which is questioned by the State in the present appeal.
3. The learned High Court Government Pleader Sri Reddy contended that the reasoning of the learned Additional Sessions Judge in not appreciating the testimony of P.Ws. l to 3 is erroneous and the finding recorded is perverse. Secondly, contended that when the victim-Shakti Devi was taken to the hospital, P.W.6-Dr. Karpur Mallappa, Medical Officer, General Hospital, Humnabad, treated her and sent M.L.C. report to the Humnabad Police. P.W.7-B.S. Malgathi, P.S.I., came to the hospital, recorded the statement of the victim at the relevant point of time, which shows that as she could not able to bear the harassment and torture meted out by the accused, on account of it on her own po
