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2020 Supreme(Kar) 791
IN THE HIGH COURT OF KARNATAKA AT BENGALURU (DHARWAD BENCH)
Shivashankar Amarannavar, J.
Ajmeersab - Appellant
Versus
State Of Karnataka - Respondent
Criminal Appeal No. 2775 of 2011
Decided On : 24-06-2020
Neelendra D Gunde, Advocate, Ramesh B Chigari, Advocate
The court emphasized the importance of trustworthy and corroborated evidence in proving the accused's guilt beyond reasonable doubt.
Headnote:
498-A - Appeal against conviction and sentence under Section 498-A and 307 R/W 34 IPC - [FACT OF THE CASE] The appellant-accused were convicted for the offence punishable under Section 498-A for a period of one year and to pay a fine of Rs.1,000/- each, and for the offence punishable under Section 307 R/W 34 IPC to undergo simple imprisonment for three years and to pay a fine of Rs.3,000/- each. The victim, PW-1, alleged that the accused administered poison to her after demanding dowry and harassing her. [FINDING OF THE COURT] The court found that there were material contradictions and discrepancies in the evidence of the victim and other witnesses, and the prosecution failed to prove the accused's guilt beyond reasonable doubt. [ISSUES] The main issue was whether the prosecution had proved that the appellants-accused committed the offence punishable under Section 498-A and 307 R/W 34 of IPC. [RATIO DECIDENDI] The court held that the evidence of the victim was not trustworthy and was not corroborated by medical evidence or other witnesses. The court also found contradictions and improvements in the evidence of the witnesses. [FINAL DECISION] The appeal was allowed, the conviction and sentence were set aside, and the accused Nos.1 to 4 were acquitted of the offences punishable under Sections 498-A and 307 of IPC.
JUDGMENT
Shivashankar Amarannavar, J. - This is an appeal filed by the appellantsaccused Nos.1 to 4 challenging the Judgment and order of conviction and sentence dated 30.07.2011 passed in S.C.No.69/2010 by the District and Sessions Judge, Koppal.
2. The accused Nos.1 to 4 have been convicted for the offence punishable under Section 498-A for a period of one year and to pay fine of Rs.1,000/- each. In default to pay fine, to undergo simple imprisonment for one month. The accused Nos.1 to 4 were further convicted for the offence punishable under Section 307 R/W 34 IPC to undergo simple imprisonment for three years and to pay fine of Rs.3,000/- each. In default to pay fine, to undergo simple imprisonment for three months.
3. During the pendency of this appeal, appellant No.3 died and therefore, the case against accused/appellant No.3 is abated.
4. The factual matrix of the case is that PW-1 Smt.Rajmabegum has been given in marriage to accused No.1-Ajmeersab s/o Fakrusab Kukanoor and earlier to marriage they have loved each other and thereafter elders have performed their marriage. After the marriage, she started to lead maritallife with her husband in Ashrasya Colony of Yelburga and along with them her parent-in-laws were also residing. She while leading peaceful maritallife with her husband, her husband brought one Hindu girl Rajeshwari (accused No.4) stating that since one year he had love with her and about one month back he had taken marriage with her. After he bringing her to his house, he stated that he has committed mistake, somehow she has to adjust and go on leading peaceful married life. After that the accused started to say that in order to live in his house she has to bring dowry amount of Rs.25,000/- as well as to bring gold and they started to give mental and physicalill-treatment by her husband as well as by her parent-in-laws and accused No.4 was supporting to them.
5. On 25.10.2009 during night hours after taking meals she was preparing to sleep by that time her husband as well as her husband's second wife-Rajeshwari (A-4) stated that this complainant has to give divorce and she has to leave the house. She stated that why she has to leave the house because she is legally wedded wife. After that her husband brought louse powder and prepared the solution by putting this powder in the water and as per his instructions Rajeshwari as well as his parents have caught hold the complainant tightly and by that time her husband forcibly administered the poison into her mouth and she had made hue and cry and some how she escaped from their hands and by crying she came out of the house by that time it was 11.30. p.m. On hearing her cry, her elder brother Ashraf Ali and one Sangamesh Hosahalli were coming on the road and she has stated the fact of administering poison to her and they took her to Yelburga Government Hospital and while she was under treatment, Yelburga Police came to the hospital and there she has given her statement in the form of complaint.
6. Pw-9 registered the case for the offence punishable under Section 498-A and 307 R/W Section 34 of IPC and thereafter Investigating Officer has conducted the investigation and filed charge sheet in the Court of JMFC., Yelburga. The Court took cognizance and thereafter committed the case to the Sessions Court. The Sessions Court framed the charge against accused Nos.1 to 4 for the offence punishable under Section 498-A and 307 R/W Section 34 of IPC.
7. Prosecution in all examined PWs.1 to 12 and got marked Ex.P.1 to Ex.P.10 and also got marked M.O.1. The defence has got marked Ex.D-1 and Ex.D-2 in the cross examination of PW-1 and got marked Ex.D-3 in the cross examination of the witness-PW.8. The accused were examined under Section 313 of Cr.P.C. and thereafter the Trial Court after hearing the arguments on both sides framed the points for consideration and passed the impugned judgment.
8. The appellants-accused have challenged the said impugned judgment and order of conv
