STATE OF KARNATAKA Vs. SHIVAPUTRAPPA BASAVANNAPPA

JUDGEMENT

(1.) WE have heard the appellant's learned Counsel as also the learned Counsel who represents the respondents-accused. This is a case in which deceased Renuka who was a young wife sustained 80% burns in her house on the on the afternoon of 28. 12. 1994 at about 3. 30 p. m. She has died pursuant to these burn injuries and the police have prosecuted the respondent-husband on the usual charges on the ground that this is a dowry death case. The prosecution allegation is that the accused had demanded 1 Tola of gold, that PW. 1 who_is the father of the deceased Renuka and who is a_very poor person_was not in a position to give this 1 tola of gold and secondly, it is alleged that the acused ill-treated his wife because of the non securing non-securing of the dowry in order to pressurise her family into providing it and since this did not materialise that he set fire to her clothes and killed her. The Trial Court has acquitted the accused virtually for want of evidence and the State has filed the present appeal assailing the correctness of that order.

(2.) THE learned Addl. SPP vehemently submitted that these dowry death cases are the worst and most habitual form of atrocities against married women and that the only manner in which these horrifying, treacherous incidents can_be_stopped, is if the persons involved are punished rigorousrly He also alluded to the fact that the rate of acquittal in this class of cases, whether it is before the trial Court or in appeal, is abnormally high and that this is sending out wrong signals because unfortunately, an impression is created that even if persons go to the extent of burning and killing their wives because of dowry demands that the Court will still acquit them. His principal submission therefore was that a deterrent view be taken and that the order of acquittal be set aside.

(3.) WE fully appreciate the sentiments expressed and the submissions canvassed because they are totally and completely justified. We also endorse the view that this is a class of offences in which no mercy should be shown and we shall also presently deal with the learned Addl. SPP's submission with regard to the attitude of the Courts in respect of these class of cases which again are fully justified. What we do hope is that the investigating agencies in the first instance, atleast after repeated guidelines have been laid down by this Court and very strong observations made with regard to the fact that most of the dowry death cases fail because of weak, unprofessional and dishonest investigation and that consequently, the State Government and the Director General of police must ensure that in every single one of these cases there is an honest, competent and professionally good investigation when alone, the Courts will be able to take necessary punitive and corrective steps. The Courts are virtually helpless in a situation where the evidence is weak, non-existent, tampered with or in other cases where we find that it is as clear as daylight that the entire investigation has been sabotaged. Whether this is in collusion with the accused or those who represent them or whether there are other reasons for such corrupt practices, we are not aware of but the interests of justice are the casualty. Once again we reiterate that it is very very necessary that the approach of the investigating authorities and the type of investigation that is carried out will have to be totally overhauled. We need to also add that the presentation of the case before the Trial Court is crucial.