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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G. BASAVARAJA
Channappa, S/o Late Ramaiah – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
G BASAVARAJA, J.
The appellant has preferred this appeal against the judgment of conviction and order on sentence dated 12th April, 2023 passed in SC No.330 of 2014 by the XLV Additional City Civil and Sessions Judge, Bengaluru (for short "the trial Court").
2. Parties herein are referred to as per their rank before the trial Court.
3. The brief facts leading to this appeal are that, Police Inspector of Basaveswaranagar Police Station, Bangalore submitted charge sheet against the accused for the offence punishable under Sections 498A and 306 of the Indian Penal Code, 1860 ('the IPC ' for short). It is alleged by the prosecution that, the marriage of the accused was solemnized with Smt. Roopa on 21st June, 2006 as per the customs prevailed in their community and after their marriage, the accused and deceased started residing in a rented house at Laggere, Bangalore. Out of wedlock, they were blessed with two children. The accused was addicted to bad vices and also had illicit relationship with other woman, and failed to take care of the deceased and her children by not bringing the household articles and was also not paying the school fees of the children. The accused used to
The court affirmed that for a conviction under Section 306 IPC, there must be clear evidence of intent to abet the suicide, which was lacking in this case.
Section 306 in Indian Penal Code reads as abetment of suicide.
Prosecution failed to provide sufficient evidence to substantiate claims of dowry harassment leading to suicide, rendering conviction under IPC Sections 498A and 306 unsustainable.
The acquittal of the accused was upheld due to lack of cogent evidence for Sections 498-A and 306 IPC, reaffirming the principle of presumption of innocence and standards governing appellate review o....
The court concluded that mere harassment without direct instigation to commit suicide does not satisfy the requirements of Sections 306 and 498-A IPC, thus leading to the acquittal of the appellant.
Prosecution must clearly establish essential ingredients of dowry-related offences; lack of consistent evidence led to acquittal.
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
Prosecution failed to establish essential elements of Sections 498A and 306 IPC, leading to the court's finding of insufficient evidence and resulting in acquittal.
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