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2020 Supreme(Kar) 1408
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. Veerappa, K. Natarajan, JJ.
State - Appellant
Versus
Papamma - Respondent
Criminal Appeal No. 496 of 2014, 977 of 2013
Decided On : 11-09-2020
S. Rachaiah, Advocate, S.G. Rajendra Reddy, Advocate
In the absence of oral and documentary evidence to implicate the in-laws including mother-in-law, should not be inducted unnecessarily.
Headnote:
CRIMINAL APPEAL - DOWRY DEATH - SECTION 304B IPC - SECTION 113B OF THE EVIDENCE ACT - SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT - CRUELTY AND HARASSMENT - DEMAND FOR DOWRY - SOON BEFORE DEATH - CUSTOMARY GIFTS - PRESUMPTION OF DOWRY DEATH - CONVICTION AND SENTENCE - ACQUITTAL.
Fact of the Case:
The deceased-Netravathi was subjected to cruelty by the accused persons for their illegal demands of more dowry, house site and other articles and when she refused to putforth the said demands before her parents, the accused persons ill-treated her and abused in indecent words and accused No.1 assaulted her like anything in intoxication and made her to starve and suffer mental agony. Netravathi used to inform all those illtreatments to her parents over phone and they used to console her. Inspite of panchayaths conducted on both side, the accused persons did not yield to the advise and Netravathi being fed up with ill-treatment, on 21.11.2010 at about 1.30 pm, hanged herself to the ceiling fan of the house with a plastic rope and committed suicide and thereby, accused persons committed offences punishable under Sections 304B and 498A r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Finding of the Court:
The prosecution failed to prove beyond reasonable doubt that accused Nos.2 to 4 subjected the deceased Netravathi to cruelty for their illegal demands of dowry, house site and other articles and made her to starve and suffer mental agony and thereby committed an offence punishable under Section 498A r/w 34 of the Indian Penal Code; prosecution proved that accused No.1 subjected the deceased to cruelty and harassment and thereby committed an offence punishable under Section 498A of the Indian Penal Code; prosecution proved beyond reasonable doubt that the Netravathi being fed up with the harassment meted out to her by accused No.1 committed suicide on 21.11.2010 at 1.30 pm in the first floor of their house by hanging herself to the ceiling fan with a plastic rope and thereby, accused No.1 committed an offence punishable under Section 304B r/w 34 of the Indian Penal Code; and the prosecution failed to prove the said charge against accused Nos.2 to 4. The prosecution failed to prove beyond reasonable doubt that accused Nos.2 to 4 had taken dowry from the parents of the deceased at the time of the marriage, illegally and thereby committed an offence punishable under Sections 3 and 4 of the Dowry Prohibition Act; and the prosecution proved beyond reasonable doubt that the accused No.1 committed an offence punishable under Sections 3 and 4 of the Dowry Prohibition Act.
Issues: 1. Whether the Prosecution has made out any case to interfere with the finding of fact recorded by the learned Sessions Judge in acquitting accused Nos.2 to 4 for the offences punishable under Sections 498A, 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961? 2. Whether the accused No.1 has made out a case to interfere with the impugned judgment and order of conviction and sentence, convicting the accused No.1 for the offences punishable under Sections 498A, 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961?
Ratio Decidendi: The prosecution has not produced any material before the Court to establish that deceased Netravathi was subjected to cruelty by her husband or any relative of the husband, soon before her death.
Final Decision: Criminal Appeal No.496/2014 filed by State is hereby dismissed . The impugned judgment and order of acquittal of accused Nos.2 to 4 is hereby confirmed. Criminal Appeal No.977/2013 filed by the accused No.1 is hereby allowed . The impugned judgment of conviction and order of sentence dated 16.09.2013 made in S.C.No.907/2011 on the file of the V Additional City Civil and Sessions Judge, Bengaluru City, is hereby set-aside. The accused No.1/appellant in Criminal Appeal No.977/2013 is acquitted for the offences punishable under Sections 498A and 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The bail bonds shall stand cancelled. The fine amount, if any, paid shall be refunded to the accused No.1.
JUDGMENT
B.Veerappa, J. - Criminal Appeal No.496/2014 is filed by the State and Criminal Appeal No.977/2013 is filed by the accused No.1 against the judgment of conviction and order of sentence dated 16.09.2013 made in S.C.No.907/2011 on the file of the V Additional City Civil and Sessions Judge, Bengaluru City, convicting accused No.1 and acquitting accused Nos.2 to 4 for the offences punishable under Sections 498A and 304B r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
I. FACTS OF THE CASE
2. It is the case of the prosecution that the complainant-Krishnanaik-P.W.1 and Devibai-P.W.2 are the parents and Narasimha Naik-P.W.3 is the elder brother of deceased Netravathi, wife of accused No.1. The marriage of the accused No.1-B.K.Venkatesha with the deceased-Netravathi was performed on 02.03.2008 and the marriage talks were held in the house of brother of the deceased and the accused persons told that accused No.1 is working in garments and demanded dowry of Rs.2 lakhs apart from gold ornaments, house hold articles and marriage expenses. The parents of the deceased negotiated to pay dowry of Rs.1 lakh apart from golden ring of 8.5 grams, neck chain of 16 grams, to the bride groom and another golden necklace, chain, ring, pair of leg chain, two pairs of ear studs and hangings to the bride. The marriage was performed in Maruthi Kalyana Mantapa, Kanakapura, as per the customs prevailing in both the communities. After the marriage, deceased-Netravathi was residing with her husband-accused No.1, mother-in-law/accused No.2 in House No.15, Near Gramadevate temple road, Adugodi, Bengaluru. Subsequently, they shifted the house to the first floor of the house of C.W.6-Basavaraju at 2nd Main, Sunkadakatte. During her stay with accused Nos.1 to 4, Netravathi was subjected to cruelty by the accused persons for their illegal demands of more dowry, house site and other articles and when she refused to putforth the said demands before her parents, the accused persons ill-treated her and abused in indecent words and accused No.1 assaulted her like anything in intoxication and made her to starve and suffer mental agony. Netravathi used to inform all those illtreatments to her parents over phone and they used to console her. Inspite of panchayaths conducted on both side, the accused persons did not yield to the advise and Netravathi being fed up with ill-treatment, on 21.11.2010 at about 1.30 pm, hanged herself to the ceiling fan of the house with a plastic rope and committed suicide and thereby, accused persons committed offences punishable under Sections 304B and 498A r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. Based on the complaint filed by P.W.1, the jurisdictional police registered a case in Crime No.747/2010 against the accused persons for the aforesaid offences. The Investigating Officer, after completion of the investigation, filed the charge sheet against the accused persons. The matter was committed to the Sessions Court. The learned Sessions Judge framed common charges against all the accused persons who pleaded not guilty and claimed to be tried.
4. In order to prove the guilt of the accused persons, the prosecution examined P.Ws.1 to 18 and marked the documents Exs.P.1 to 16. No material objects were marked. After completion of the evidence of prosecution witnesses, the learned Sessions Judge recorded the statements of the accused persons under Section 313 of the Code of Criminal Procedure. The accused persons denied all the incriminating evidences against them. Thereafter, the accused No.1 filed additional statement under Section 313(5) of the Code of Criminal Procedure and marked Ex.D.1, a portion of the complaint and examined one Renunaika as D.W.1 on behalf of the defence.
5. The learned Sessions Judge, considering both oral and documentary evidence on record, recorded a finding that the prosecution failed to prove beyond reasonable doubt that
