STATE OF KARNATAKA Vs. T BALARAMA

JUDGEMENT

(1.) THIS is one more of the extremely disturbing cases wherein the allegation is that the death of the deceased Chayadevi has its genesis in cruelty and dowry related demands. The accused-husband is charged with Section 498-A, and 304-B of IPC along with Sections 3, 4 and 6 of the Dowry Prohibition Act. The deceased Chayadevi had been brought back to the house by her father and, she went inside on the ground that she wanted to drink something and straightway consumed poison, because of her violent reactions she was immediately taken to the hospital but she did not survive. The prosecution has alleged that the reason why she was driven to commit suicide was because of harassment and torture from the husband and as far as this head is concerned, we have done a careful review of the record and heard the learned Counsel on both sides and our conclusion is that the trial Court was right in upholding the position that on the very limited evidence on record it would not be possible to hold that the cruelty of the type as defined in Section 498a IPC was practiced on the deceased. As far as the more serious charge is concerned, the evidence in virtually non-existent and therefore the trial Court was justified in having acquitted the accused under both these heads. Lastly, as far as the charges under the Dowry Prohibition Act are concerned we find considerable variation between what was originally alleged and what was admitted and it also established by Mos. 2 and 3 that the two items of gold jewelry given to the deceased Chayadevi, were recovered by the police and that, these have been restored to the girls father by the Court. There is really no evidence of demand or receipt of dowry and in this background, the order of acquittal for the charges under the Dowry Prohibition Act will also have to be affirmed. We need to observe here that as often happens, the investigation has not been able to unravel the real truth of what caused the suicide and, because it happened to be the death of a newly married young women the police have almost automatically proceeded on the assumption that the conventional charges would have to be pressed. While there can be no two opinions about the fact that having regard to the large incidence of offences under the Dowry Prohibition Act, the number of instances wherein the husbands and the in-laws perform very high level of cruelty in order to extract money both before and after the marriage and, the number of occasions on which the victim wife is subjected to abnormally torturous cruelty which is invariably motivated, that the authorities are required to be very much on guard whenever a death of a young wife takes place. We do not dispute the fact that not a single one of these atrocities should be allowed to pass without action being taken against the culprits but in these instances, we need to sound a note of caution that the police and the investigating authorities should not generalise and should not improperly and technically jump to the conclusion that merely because the death has occurred of a young wife that ipso facto a criminal offence has been committed and that it is actionable. In as many as 44% of these cases, the prosecution is thoroughly unjustified. Unless there is very cogent and convincing evidence and unless there is material to sustain these charges, it would be totally impermissible and completely unjustified to embark upon legal action. The consequences of leveling these charges are extremely grave because the accused husband and invariably the family members are placed under arrest. There are serious social, economic and personal repercussions. The Courts often deny bail and if bail is granted the prosecutions carry on for a long period of time and even if the accused are acquitted that can never undo the damage that has taken place. We therefore, need to direct, in this case, that the authorities must act with a sense of responsibility and that there should be a very careful and correct analysis of the allegations and the material in support thereof and that only in instances where the evidence that is forthcoming justifies legal action that this step be taken. This Court has come across numerous instances where genuine accidents have taken place and there have also been instances where the wife has committed suicide because of the personal depression or other medical problems. There have been instances where the husband and in-laws are in no way responsible for the death and despite this, in all these cases a prosecution has ensued. We would therefore recommend that, in those of the instances where it does appear to the investigating authority that there is no ground to file a charge sheet that the paper be submitted to the Public Prosecutor for an opinion apart from the conclusion which the sufficiently senior police officers record, and that only thereafter if the opinion is to the effect that there is sufficient material to proceed that a charge sheet be filed. Though we are informed that this is one of the requirements and the practices that have been provided for, the fact that we do come across a considerable number of instances where the prosecution was unjustified seems to indicate that in every case of death of a young woman or a recently married woman that the prosecution and filing of a charge sheet has become automatic. There does not appear to be a proper application of mind at the stage of scrutiny and having regard to this position we direct the concerned authorities to ensure that the requirements of law are correctly and responsibly followed. Copy to be forwarded to the D. G. (Police ).

(2.) FOR the reasons indicated earlier, we see no ground for interference with the order of acquittal. The appeal fails on merits and stands dismissed.