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RAMACHANDRA D. HUDDAR
B. S. JANARDHANA S/O SEENAPPA POOJARI – Appellant
Versus
STATE OF KARNATAKA – Respondent
JUDGMENT :
RAMACHANDRA D. HUDDAR, J.
1. The appellants being aggrieved by the judgment of their conviction and order of sentence passed in Sessions Case No. 8/2002 dated 16.4.2014 have preferred this appeal.
2. The parties to this appeal are referred as per their rank before the trial Court.
Proceedings before the trial Court:
3. That the appellants-accused Nos. 1 and 2 were charge sheeted by the Sub-Inspector of Police, Madikeri Police Station for the offences punishable under Section 498(A) and Section 306 read with Section 34 of IPC on the ground, that deceased Saraswathi was the wife of accused no. 1 and daughter-in-law of accused no. 2. The deceased along with accused nos. 1 and 2 were residing at Murnad Village which is about 15 kms. away from Illamonangeri Village i.e. native place of deceased Saraswathi (her parents house). In the marital life with accused no. 1, deceased delivered a male child. Thereafter, relationship between deceased and accused were strained. They started quarrelling with each other. It is alleged that, accused no. 1 used to suspect her fidelity and character and used to harass her both physically and mentally. It is stated that, in this regard, Panchayaths
To convict under IPC Sections 498A and 306, credible evidence of cruelty and mens rea must be established; mere quarrels do not suffice.
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
Section 306 in Indian Penal Code reads as abetment of suicide.
Cruelty – Every harassment does not amount to cruelty – What constitutes cruelty for one person may not constitute cruelty for another person.
The court upheld the conviction under Section 498A for mental cruelty but confirmed the acquittal under Section 306, determining the cause of death was an accidental fall, not linked to accused's act....
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