IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
B. A. Patil, J.
Ranganath – Appellant
Vs.
State of Karnataka – Respondent
Criminal Appeal No. 3738 of 2010
Decided On : 21-03-2017
INDIAN PENAL CODE, 1860 - Section 306 & Indian Evidence Act (1 of 1872), Section 113-A - Abetment of suicide - Presumption as to - Deceased dying within 7 years of marriage due to ill-treatment and harassment caused by accused-husband - Prosecution case proved by corroborated evidence of witnesses - Once presumption is drawn, burden shifts on husband to rebut said presumption on preponderance of probabilities - Failure on part of accused to discharge burden - Conviction, held, proper.
INDIAN PENAL CODE, 1860 - Section 498-A - Cruelty to wife - Accused-husband suspecting chastity of wife and taunting her on her working ability amounts to cruelty - Conviction under Section 498-A, held, proper.
B.A. Patil, J.
This appeal is preferred by the accused-appellant assailing judgment of conviction dated 29.09.2010 passed by Additional Sessions Judge, Raichur in SC No. 109/2009 where under accused was convicted for the offences punishable under Section 498-A and 306 of IPC.
2. The case of the prosecution in brief as per the complaint are that marriage of accused took place with deceased Smt. Nagamma during April, 2008. Thereafter, they led marital life at Ramathanal village. Thereafter, difference of opinion started between the accused and the deceased, accused started ill-treating and harassing the deceased on silly grounds saying that she does not know proper cooking and she was having an eye over other male members. It is further alleged that when accused was giving physical harassment, it was disclosed by the deceased to her mother, grandmother and secured them along with the mother of the accused, they advised the accused but it did not give fruitful result. It is further alleged that accused continued his mental and physical harassment, as such on 18.11.2008 at about 4:30 p.m. deceased consumed insecticide containing organo phosphorous element. By coming to know she was taken to primary health center Pothnal, but there she succumbed to death at about 6:00 p.m. On receipt of the information police obtained the complaint from the mother of the deceased and registered the case in Cr.No.149/2008. After investigation the charge sheet laid against the accused.
3. After filing the charge sheet the committal court on following the procedure laid down under Section 207 of Cr.P.C committed the case to the Sessions Court. The Sessions Court after taking the cognizance secured the accused, after hearing charge came to be framed. Since, accused denied the charges and claimed to be tried, as such the trial was fixed.
4. In order to prove the case, the prosecution in all examined P.Ws. 1 to 13 and got marked Ex.P-1 to 6 and also got marked M.O.1. After closure of the prosecution case, the statement of the accused was recorded under Section 313 of Cr.P.C. by putting the incriminating materials as against the accused, which he denied and he has not led any evidence on his behalf.
5. Thereafter, on hearing the arguments of both the counsel, the impugned judgment came to be passed, where under accused was convicted for the offences punishable under Sections 498-A and 306. Assailing the said judgment and order, the accused is before this Court.
6. Heard the learned counsel for the appellant and the learned High Court Govt. Pleader on behalf of the State.
7. The learned counsel for the accused Sri. Sashidhar Gowda Kelur contended that even there is no sufficient legal evidence either under Section 498-A or 306 of IPC, the trial Court without proper appreciation has come to a wrong conclusion and has convicted the accused. He would further contended the alleged quarrel between the accused and the deceased is under the normal circumstances in every families, but the same has been magnified by the Court and has convicted the accused. He would further contend that only on the basis of interested testimony of related witnesses, the trial Court has convicted the accused without proper appreciation. He would further contend that there were contradictions in the evidence of witnesses, even the fidelity of the deceased was not suspected by the accused, but the trial Court has also taken into cognizance of the same and has convicted the accused. He would also contend that there is no iota of evidence to show that the accused abetted the deceased to commit suicide, in the absence of such material the Court below ought not to have convicted accused under Section 306 of IPC. He would also contend that the only evidence available is with reference to cruelty and the accused ought to have been convicted under Section 498-A of IPC. On these grounds, he prayed to set aside the judgment and order of conviction by allowing the appeal.
8. Per contra, the le
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