Back
2018 Supreme(Kar) 281
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K. SOMASHEKAR, J.
H.N. Paramesh S/o Narayan Shetty – Appellant
Versus
State by Hassan Pension Mohalla Police – Respondent
Criminal Appeal No. 521 of 2010
Decided On : 27-04-2018
For the Appellant : Sri. Gireesha J.T.
For the Respondent: Sri. K. Nageshwarappa.
Headnote:INDIAN PENAL CODE, 1860 [C.A. NO. 45/1860] - Sections 304-B, 498-A - Presumption as to - Accused persons, husband allegedly harassing victim, wife regarding demand of additional dowry, resulting in victim committing suicide - Testimony of father and brother of victim regarding harassment meted by accused, exaggerated and contradictory to each other - Accused was not present in house when victim committed suicide - Veil used by victim for committing suicide seized by Investigating Officer - Evidence of relatives of victim also found contradictory to evidence of Investigating Officer regarding position of dead body - Accused and victim having cordial relations after marriage and no incident of cruel treatment and harassment reported by neighbours - Fact that Accused demanded money from parents of victim to establish tailoring and clothes shop, cannot be termed as additional dowry - Accused, being husband of victim cannot be presumed to be pestering her to commit suicide, in absence of material on record to that effect - Guilt of accused, held, not established - Accused is entitled to acquittal.
DOWRY PROHIBITION ACT, 1961[C.A. No. 28/1961] - Sections 4, 6 - Dowry demand - Fact that Accused demanded money from parents of victim to establish tailoring and clothes shop, cannot be termed as additional dowry.
1. This appeal has been preferred against the judgment passed by the Presiding Officer and Additional Sessions Judge, Fast Track Court, Hassan in S.C. No. 115/2007 dated 27/28.04.2010 convicting the appellant/accused for the offence punishable under Section 304(B), 498(A) of IPC and Section 3, 4 and 6 of the Dowry Prohibition Act thereby sentencing the accused to undergo rigorous imprisonment for 7 years for the offence punishable under section 304(B) of IPC, further he shall undergo simple imprisonment for a period of one year and to pay a fine of Rs. 1,000/- in default to pay a fine amount he shall undergo simple imprisonment for a period of one month for the offence punishable under section 498A of IPC, further the accused shall undergo simple imprisonment for 5 years and to pay a fine of Rs. 15,000/- in default to pay a fine amount he shall undergo simple imprisonment for a period of six months, for the offence punishable under section 3 of D.P. Act, further he shall undergo simple imprisonment for a period of six months and to pay a fine of Rs. 2,000/- and in default to pay a fine amount he shall undergo simple imprisonment for a period of one month and further he shall undergo simple imprisonment for a period of 6 months, for the offence punishable under section 6 of D.P. Act.
2. The brief facts of the case are as under:
On a complaint lodged by H.L. Prakash S/o Late Lakkashetty, before the Hassan Pension Mohalla Police Station alleging that her daughter Ashwini was given in a marriage with the accused H.N. Paramesh. Their marriage was performed on 14.08.2005 as per the customs prevailing in their community. It is further alleged that at the time of marriage the accused was given a sum of Rs. 40,000/- cash, one TVS Super XL Moped and 90 Grams of gold item as dowry. Subsequent to their marriage, appellant was also given one Mangalore roof tiles house. After their marriage, they lived happily for six months. Thereafter accused started harassing the complainant’s daughter Ashwini by insisting her to bring additional dowry of Rs. 50,000/- from her parental house and it is further alleged that the appellant’s parents also demanded to bring the dowry from her parents’ house. The demand made by the accused was intimated to the complainant being her father. Due to the demand made by the accused, Panchayath was constituted in his house and complainant requested some more time to arrange the dowry amount to the appellant and even thereafter, the appellant and his parents were demanding dowry amount from deceased Ashwini to open tailor shop. It was further alleged that on 24.02.2007 at about 2 p.m. while the complainant was at home, his brother by name H.L. Yogesh informed him that his daughter committed suicide by hanging. Subsequently, he intimated the same to his wife and relatives and all of them rushed to the house of the deceased and saw the dead-body of his daughter which was lying on the diwan cot and on the enquiry his brother, H.L. Yogesh informed that about 1:45 p.m. her body was removed from the place of hanging. It is further alleged that suicide committed by his daughter was due to the harassment given by the appellant and his parents as they were demanding additional dowry of Rs. 50,000/- and appellant and his parents were responsible for the death of his daughter. Thereafter, complainant lodged a complaint against appellant and his parents to take appropriate legal action. In turn crime came to be registered in Crime No. 17/2007. Subsequently the case was taken up for investigation by the IO and charge-sheet was laid against the accused for the offences punishable under Section 498A, 304B, 306 R/w Sec. 34 of IPC, beside Sec. 3, 4 and 6 of D.P. Act. Subsequently, the Trial Court framed the charges against the accused for the aforesaid offences, as the accused did not plead guilty but claimed to be tried.
3. In order to substantiate the case against the accused, the prosecution in all examined PW-1 to PW-26. Fu
