STATE OF KARNATAKA Vs. M.N.BASAVARAJA

JUDGEMENT

(1.) The first respondent along with the other respondents (second to fifth) stood trial before the Court of the Additional Sessions Judge, Fast Track Court-II at Davangere, Karnataka for commission of offence punishable under Sec. 302, 498A and 201 of the Indian Penal Code, 1860 ('IPC', hereafter) read with Sec. 3 and 4 of the Dowry Prohibition Act ('DP Act', hereafter). Vide judgment and order dtd. 4/3/2004, all the respondents were acquitted. The State of Karnataka carried the judgment and order of acquittal in appeal before the High Court. The High Court vide judgment and order dtd. 27/8/2010 confirmed the acquittal of the respondents for the offences under Sec. 302 and 201 of the IPC as well as Sec. 3 and 4 of the DP Act; however, convicted the first respondent under Sec. 498A, IPC only. On the question of sentence, it was represented on behalf of the first respondent before the High Court that he had been behind bars for four years during the period of trial. Considering that the maximum punishment that could be imposed under Sec. 498A, IPC is three years, the High Court sentenced the first respondent to the period of incarceration already undergone and disposed of the appeal. This judgment and order of the High Court is the subject matter of challenge in the present appeal, by special leave, at the instance of the State of Karnataka ('appellant', hereafter).

(2.) At the outset, we are informed by the parties that correct representation had not been made before the High Court by counsel for the first respondent in respect of the period of incarceration suffered by him. He had been behind bars for a little less than seventeen months, and not four years as submitted.

(3.) The trial stemmed from the unnatural death of Susheelamma within 7 years of her marriage. The first respondent happened to be her husband while the other respondents were her in-laws. After the First Information Report was registered under Sec. 498A and 304B, IPC read with Sec. 3 and 4 of the DP Act based on the complaint of Susheelamma's brother (PW-1), police report under Sec. 173(2), Code of Criminal Procedure Code ('Cr. PC.', hereafter) was submitted before the relevant Court by the Deputy Superintendent of Police, Davangere City, Sub-Division, Davangere, Karnataka. Bare perusal of the police report reveals that materials collected during investigation pointed towards suicidal death of Susheelamma owing to harassment meted out to her by the respondents for not having brought with her requisite dowry at the time of marriage and even thereafter till her death. Despite the police report having been filed, inter alia, under Sec. 304B, IPC and suggesting death of Susheelamma by suicide, charge against the respondents was framed by the Sessions Court on 24/7/2003, inter alia, under Sec. 302, IPC. This appears to us inexplicable in the absence of any material in the police report suggesting commission of offence under Sec. 302, IPC. Assuming that the Sessions Court had reason to frame a charge under Sec. 302, IPC, it is incomprehensible why no alternative charge under Sec. 304B, IPC was framed.