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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
K. SOMASHEKAR, ANANT RAMANATH HEGDE, JJ.
The State of Karnataka, Through the CPI of Raichur Rural Circle P.S., Raichur - Appellant
Versus
Sri Sugappa S/o. Kariyappa - Respondent
Criminal Appeal No. 200104 of 2016
Decided On : 20-04-2022
Indian Penal Code, 1860 – Sections 498-A and 302 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Prosecution case – Dowry – Appellant/State seeking intervention of this Court on various grounds urged in this appeal and thereby seeks to set aside impugned judgment of acquittal and prays to allow appeal and to convict respondent/accused for aforesaid offences – Para 13.
Finding of the court: Therefore, it is said that prosecution has failed to prove guilt of accused by facilitating worthwhile evidence – Accordingly, trial court was justified in rendering acquittal judgment which is challenged under this appeal by State – Even on scrutiny of evidence available on record in this appeal and on re-appreciation of evidence and even re-visiting impugned judgment of acquittal rendered by trial court, Court think that prosecution did not facilitate positive, corroborative, and cogent evidence to probable that accused has committed murder of his wife and also given physical as well as mental harassment thereby insisting her to bring additional dowry from her parent’s house and therefore trial court has rightly come to conclusion and rendered the acquittal judgment on appreciation of entire evidence on record – Therefore, this appeal does not call for any interference with impugned judgment – Accordingly, under facts and circumstances of the case, court think that appeal deserves to be rejected being devoid of merits
Results: Appeal is dismissed.
JUDGMENT :
This appeal is directed against the judgment of acquittal, dated 22.03.2016, rendered by the Principal District and Sessions Judge, Raichur (for short, 'the trial Court') for the offences punishable under Sections 498-A and 302 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act. The appellant/State seeking the intervention of this Court on various grounds urged in this appeal and thereby seeks to set aside the impugned judgment of acquittal and prays to allow the appeal and to convict the respondent/accused for the aforesaid offences.
2. Heard Sri Prakash Yeli, learned Additional State Public Prosecutor for the appellant/State and so also Sri Ishwaraj S. Chowdapur, learned counsel for the respondent/accused and perused the entire material on record.
3. The factual matrix of the appeal briefly stated is as under;
It transpires from the prosecution case that, on 07.07.2014, the complainant namely Sri Ramesh S/o Hanumanthappa has approached the Raichur Rural Police Station, Raichur, and filed a complaint against the accused stating that his daughter namely, Asharani @ Kavita was given in marriage to him and their marriage was performed on 26.01.2007 at Yedlapur village as per the customs prevailing in their community. It is further stated that during the marriage considerable dowry in terms of cash and gold jewellery was given to the accused. After the marriage, his daughter and accused started residing in the residential quarters bearing No.T/181 of RTPS Colony, Shaktinagar along with the parents, brothers, and her husband. The accused looked after his daughter well only for three months and thereafter extended some sort of harassment insisting her to bring more dowry from her parent’s house. It is also alleged that she was subjected to cruelty both physically as well mentally. The parents and the elder persons in the locality have advised the accused and the deceased to lead happy marital life. It is further alleged that on 06.07.2014 at about 7.30 a.m., complainant Sri Ramesh S/o Hanumanthappa received a phone call from his daughter who stated about the harassment by the accused and asked him to come to her house. In response to the same, the complainant told her that he is going to attend the marriage of his relative and he will come on the next day. On 07.07.2014 at 3.30 p.m., the complainant received a phone call from the neighbour of the accused stating that his daughter is dead. Upon receiving the information, his wife and his son rushed to the house of the accused and found the dead body of his daughter in the bedroom of her house and noticed some brown marks around her neck. It is stated that the neighbour informed him that at about 10.00 a.m., there was a quarrel that took place between his daughter and the accused and the accused had strangulated and murdered his daughter.
Upon receipt of the complaint, the Shakti Nagar P.S., Raichur registered the case in Crime No.83/2014 against the accused of the offences punishable under Sections 498A and 302 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act by recording the FIR. After registration of the crime, the case has been taken up for investigation by CPI, Raichur Rural Circle, and after completion of the investigation laid the charge sheet against the accused before the court of CMJ, Raichur.
4. After receipt of the charge sheet, the committal Court passed the order as contemplated under Section 209 of Criminal Procedure Code, 1973 and complied with Section 207 of Cr.P.C. by supplying the copies of the charge sheet and other materials and the case has been committed to Sessions Court which culminated into the registration of a case in S.C.No.116/2014.
5. After committal of the case, the trial Court has heard the arguments of both the learned Public Prosecutor and the defence counsel relating to the framing of charges and since there were grounds to proceed against the accused, the trial Court framed the charges against the accus
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