Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Kar) 348

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
V. SRISHANANDA, J.
Vinod, S/o. Shankar Sagar – Appellant
Versus
The State, Through Manthal Police Station, (Crime No.92/2015), Represented By State SPP, HCK Kalaburagi Bench, Kalaburagi – Respondent
Criminal Appeal No.200041 of 2020 (374(Cr.PC)/415(BNSS))
Decided On : 25-06-2025

Advocates Appeared:
For the Appellant :Sri Shivakumar Malipatil, Advocate
For the Respondent: Sri Jamadar Shahabuddin, HCGP

Dying declarations are admissible in court when recorded under the right conditions, serving as valid evidence for convictions in dowry harassment and abetting suicide cases.

Headnote:(A) Indian Penal Code, Sections 498-A and 304-B - Conviction for dowry harassment and abetting suicide - The appellant was convicted and sentenced to one year imprisonment for 498-A and seven years for 304-B, to run concurrently - The evidence established physical and mental harassment resulting in the victim's suicide - Dying declaration admissible, despite minor discrepancies, sufficient to support the conviction. (Paras 2, 3.8, 21, 39)

(B) Legal principles - Convictions under Sections 498A and 304B require proof of harassment and causal link to suicide - Dying declarations are admissible when recorded in compliance with legal standards. (Paras 21, 38)

Facts of the case:
The deceased was married to the appellant, who subjected her to continuous harassment due to dowry demands and inability to conceive, leading to her suicide on 07.08.2015 by self-immolation.

Findings of Court:
The trial court's judgment was affirmed, citing sufficient evidence of harassment and proper weight given to the dying declaration.

Issues: Whether sufficient evidence supported the conviction, and whether the trial court’s judgment contained legal infirmities.

Ratio Decidendi: The court emphasized the relevance of the dying declaration, corroborated by witness testimonies, and found the trial court’s findings to be legally sound.

Result: Appeal dismissed.

JUDGMENT :

(V. SRISHANANDA, J.)

1. Appellant is the accused, who suffered an order of conviction in S.C. No.286/2017 dated 25.02.2020 by the District and Sessions Judge, Bidar, for the offences punishable under Section 498-A and 304-B of IPC.

2. For the offence under Section 498-A appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay Rs.50,000/- fine with default sentence of six months simple imprisonment. Likewise, for the offence under Section 304-B appellant was sentenced to undergo imprisonment for a period of 7 years and both the sentences were ordered to run concurrently.

3. Facts in brief, which are utmost necessary for disposal of the present appeal are as under:

3.1 Bhagyashree (Hereinafter referred to as ‘deceased’) was married to the first accused (Hereinafter referred to as ‘appellant’) on 10.02.2013 as per the Hindu rites and customs. Necessary customary articles were given in the marriage. After the marriage deceased joined the matrimonial home and she was looked after in good manner for a brief period.

3.2 After the marriage, the appellant lost his job of Conductor. On that pretext, all the accused persons started blaming deceased stating that because of her ill- luck appellant lost the job and that she does not know how to discharge household works.

3.3 Unfortunately, in the matrimonial tie there were no issues and on that pretext also deceased was being scolded repeatedly. On that score also the physical and mental harassment to deceased was in an aggravated form. Unable to bear with the conduct of the accused persons, deceased reported the same to her relatives.

3.4 Therefore, relatives of the deceased, Mahadev, Ishwaramma, Kanthareddy, Chandrakanth, Mahapuri Suryavanshi visited the Kankatta Village twice and convened panchayat and requested the accused persons to look after deceased in a proper manner. Despite such advice, harassment continued.

3.5 When the matter stood thus, on 02.08.2015 there was a quarrel, wherein, appellant abused the deceased in a filthy language and demanded Rs.1,00,000/- to be brought as dowry and sent her home.

3.6 Because of these physical and mental ill- treatment, deceased had a stomach pain and she requested necessary assistance to visit the hospital. But all the accused persons abused her in filthy language and they told that she should go and die somewhere.

3.7 Left with no alternative, Bhagyashree came back to her parental house in Manthal Village. When she was in her parental house, on 07.08.2015 at about 7.30 p.m., the appellant called deceased over telephone and abused her in filthy language. Being unable to bear the insult caused by such conversation, Bhagyashree poured kerosene on her and self immolated.

3.8 Unable to bear with the pain she raised alarm. In-mantes of parental house having seen her in ablaze extinguished fire and took her to Basavakalyan Government Hospital. After the first aid, she was referred to District Hospital, Kalaburagi, for higher treatment. 3.9 When she was in the District Hospital, Kalaburagi, Police visited her and enquired her about the incident. Whatever that has been stated by Bhagyashree has been reduced into writing and since she had sustained burn injuries to the extent of 85 to 90%, her left thumb impression was taken into the complaint. Despite best treatment, Bhagyashree lost her life on 12.08.2015 at about 10.00 a.m. Thereafter, Police invoked Section 304- B in the incident. After thorough investigation, charge- sheet came to be filed by the Police against six accused persons including appellant.

4. Learned trial Magistrate committed the matter to the Sessions Court for trial and the learned Sessions Judge after securing the presence of the accused persons, after completion of Section 307 of Cr.P.C., framed charges for the offences under Section 498-A , 504 and 304-B read with Section 149 of IPC. All the accused persons pleaded not guilty, therefore, trial was held.

5. In order to bring home the guilt of