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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. Veerappa, Pradeep Singh Yerur, JJ.
Ganesh Babu @ Ganesh - Appellant
Versus
State Of Karnataka By Mico Layout Police Station, Bengaluru - Respondent
Criminal Appeal No. 528 of 2014
Decided On : 10-06-2020
DOWRY DEATH - CONVICTION - SENTENCE - MODIFICATION - [SECTION 304B IPC] - [SECTION 498A IPC] - [SECTION 3 DP ACT] - [SECTION 4 DP ACT] - The appellant was convicted for the offences punishable under Sections 498A and 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The trial court sentenced him to life imprisonment for the offence punishable under Section 304B of IPC and Rigorous Imprisonment for three years for the offence punishable under Section 498A of IPC and Simple Imprisonment for six months for the offence punishable under Section 3 of the D.P. Act and Simple Imprisonment for two months for the offence punishable under Section 4 of the D.P. Act with fine and default clauses. The appellant challenged the conviction and sentence. The High Court held that the trial court was justified in convicting the appellant for the offences punishable under Sections 498A and 304B of the Indian Penal Code and Sections 3 and 4 of the D.P. Act. However, the High Court modified the sentence imposed by the trial court for the offence punishable under Section 304B of the Indian Penal Code from life imprisonment to Rigorous Imprisonment for a period of seven years and six months, which shall include the period of sentence already undergone by the appellant.
Fact of the Case:
The appellant was convicted for the offences punishable under Sections 498A and 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The trial court sentenced him to life imprisonment for the offence punishable under Section 304B of IPC and Rigorous Imprisonment for three years for the offence punishable under Section 498A of IPC and Simple Imprisonment for six months for the offence punishable under Section 3 of the D.P. Act and Simple Imprisonment for two months for the offence punishable under Section 4 of the D.P. Act with fine and default clauses. The appellant challenged the conviction and sentence.
Finding of the Court:
The High Court held that the trial court was justified in convicting the appellant for the offences punishable under Sections 498A and 304B of the Indian Penal Code and Sections 3 and 4 of the D.P. Act. However, the High Court modified the sentence imposed by the trial court for the offence punishable under Section 304B of the Indian Penal Code from life imprisonment to Rigorous Imprisonment for a period of seven years and six months, which shall include the period of sentence already undergone by the appellant.
Issues: None
Ratio Decidendi: The High Court held that the trial court was justified in convicting the appellant for the offences punishable under Sections 498A and 304B of the Indian Penal Code and Sections 3 and 4 of the D.P. Act. However, the High Court modified the sentence imposed by the trial court for the offence punishable under Section 304B of the Indian Penal Code from life imprisonment to Rigorous Imprisonment for a period of seven years and six months, which shall include the period of sentence already undergone by the appellant. The High Court held that the sentence of life imprisonment imposed by the trial court was disproportionate to the gravity of the crime and that the mitigating circumstances, such as the appellant's age and the age of the child born out of the wedlock between the appellant and the deceased, warranted a modification of the sentence.
Final Decision: The High Court allowed the appeal in part and modified the sentence imposed by the trial court for the offence punishable under Section 304B of the Indian Penal Code from life imprisonment to Rigorous Imprisonment for a period of seven years and six months, which shall include the period of sentence already undergone by the appellant.
JUDGMENT
B.Veerappa, J. - The appellant Accused No.1 filed the present appeal against the Judgment & Order of conviction and sentence dated 01/04.04.2014 made in S.C. No.990/2009 passed by the Presiding Officer, Fast Track Court-VIII, Bengaluru City, convicting him for the offences punishable under the provisions of Sections 498A and 304B of the Indian Penal Code ('IPC' for short) r/w Sections 3 and 4 of the Dowry Prohibition Act ('D.P. Act' for short) and sentencing him to undergo imprisonment for life for the offence punishable under Section 304B of IPC and Rigorous Imprisonment for three years for the offence punishable under Section 498A of IPC and Simple Imprisonment for six months for the offence punishable under Section 3 of the D.P. Act and Simple Imprisonment for two months for the offence punishable under Section 4 of the D.P. Act with fine and default clauses.
2. The factual matrix of the case is as under:
According to the case of the prosecution, Sri E. Sathish (PW.1) had filed a complaint against the Accused No.1, his mother (Accused No.2) and his sister (Accused No.3) contending that the deceased - Niranjini is his elder sister and the daughter of his younger aunt. About four years prior to the incident, Niranjani had joined the Police Department as a Police Constable and was working in Mico Lay-out Police Station. After completion of the training in Dharwad, the deceased Niranjini was working in R.T. Nagar Police Station. At that time, she fell in love with Accused No.1 Ganesh Babu and intended to marry him. The family members of the deceased - Niranjini initially were against the marriage and upon insistence by her, the marriage was solemnized with Accused NO.1 Ganesh Babu on 25.3.2007 at Nandekeshwara Kalyana Kshetra at Malleswaram, Bengaluru. Since from the date of marriage, Niranjini and her husband were residing at Royal Shelter, 4th Main, No.16, 2nd Floor, Bengaluru. Out of their wedlock, a male child was born and child was aged about one year five months as on the date of the incident.
3. It is further case of the prosecution that the deceased - Niranjini used to tell the complainant and other family members that her husband has no avocation and he was extracting her salary every month and has pawned her gold ornaments and subjected her to mental and physical harassment. On 21.6.2009, the deceased - Niranjini came to the house of the complainant and stayed for a day and at that time, she has stated that her husband has not been working and neither used to bring provisions nor pay rent of the house. Since 5 to 6 months prior to the incident, the deceased - Niranjini was taking care of household expenses out of her salary. That on one day, the Accused No.1 Ganesh Babu called the complainant to Byatarayanapura bus stand and questioned whether the deceased - Niranjini staying with him by neglecting him and the child and abused the deceased in filthy language.
4. It is further case of the prosecution that on the next day, the complainant along with his younger brother and the deceased - Niranjini went to the house of the mother-in-law of Niranjini to bring the child. But Niranjini's mother-in-law (Accused No.2) did not give the child. On the next day, the complainant left the deceased Niranjini in the house of her husband along with his grandmother Smt. Parwatamma. Niranjini also complained that her husband/Accused No.1 was in the habit of drinking alcohol every day and abusing her in filthy language and he used to harass her stating that she has not brought any dowry. Therefore, she could not live comfortably and in peace in her home.
5. It is further case of the prosecution that on 19.7.2009 at about 3.30 p.m., the grand-mother of the complainant -Smt. Parvathamma informed the complainant over telephone that the deceased - Niranjini committed suicide by hanging after 11.00 p.m. on the previous day i.e., 18.7.2009. Immediately, the complainant rushed to the house of the deceased Niranjini and in his presence,
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