STATE OF KARNATAKA Vs. SANJUKUMAR

JUDGEMENT

(1.) Appeal is by the State challenging the order of acquittal passed by the Prl. Sessions Judge, Bidar in SC 77/2005 on 18.3.2009 for the offence punishable under S.498A and 306 r/w S.34, IPC.

(2.) Accused are the husband, father-in-law, mother-in-law and the younger sister of the mother-in-law. The marriage of the deceased Sangeeta has taken place with the accused about two years prior to the alleged incident. The deceased - daughter of the complainant was given in marriage to the accused who is a resident of Itgyal, Aurad Taluk. As per the prosecution, Sangeeta lived happy life for about six months after marriage. Thereafter, accused 1 to 4 stating that she is a lady of ill-luck and bad omen, and does not know household work and cooking, used to express that she should go and die. Thus, they have subjected her to physical and mental harassment. It also appears on 13.1.2005, the deceased had prepared a sweet dish and kept it separately for her husband, accused 1 to 4 have seriously objected to the same on 14.1.2005 and picked up a quarrel as to why she should keep it aside separately and also abused her as such, she was mentally harassed. On the very same day, as it became unbearable for her, she is said to have committed suicide at about 2.00 p.m. by hanging herself.

(3.) On the basis of the complaint filed by the father of the deceased, after investigation, police filed a charge sheet against accused 1-4 although the complaint was against seven persons including the sister-in-law of the deceased and her husband. The complainant had four children three daughters and a son and is a resident of Naganpalli. The second daughter Sangeeta was given in marriage to the 1st accused. According to the complainant, Sangeeta was being looked after very well for sometime. Both the 1st accused and Sangeeta were living happy life. In his complaint, it is stated that there was also harassment meted out by the husband, in laws and other sister in law and her husband that she is a woman of ill-luck and does not know household work and cooking as such, expressed to her to go and die and the deceased is said to have complained of the same when she went to her parents house for Deepavali festival and had also requested them to advise the accused. In this regard, complainant and his wife and one more person went and advised the accused and also other members of his family. The deceased is also said to have informed her friend Sharamma about the ill-treatment meted out to her and that if the same ill-treatment is continued, she would commit suicide. Even on the previous new moon day prior to the filing of the complaint, when the complainant went and requested the accused to send his daughter, both the in-laws i.e., father in law and mother in law did not agree as such, after pacifying his daughter, he came back and subsequently he was informed on the date of the incident i.e., on 14.1.2005 by one Channappa about his daughter committing suicide by hanging. He went to Itgyal along with some other villagers and his family members. After investigation, police have filed charge sheet against accused 1 to 4 and charges were framed. Since the accused pleaded not guilty and claimed to be tried, prosecution examined in all, about eighteen witnesses and got marked about fourteen documents. The evidence of the defense is nil. Thereafter, accused were examined under S.313, Cr.PC and their defense was total denial. Learned Sessions Judge taking into consideration the over all evidence on record, has opined that there is delay in lodging the complaint and whatever the deceased complained of before her parents is only some problems which everyone would face and that would be disclosed either before the mother or the father. The mother of the deceased has not been examined, the father also has not convened any panchayath regarding alleged ill-treatment and even PW 9 an independent witness has stated that she has not advised the accused to look after the deceased properly. Even when the mother was present when the Taluk Executive Magistrate was conducting inquest and though the prosecution has cited the mother as a witness, she has not been examined. Even taking the evidence of PWs 1, 9, 11, 13, 14 and also noting that PW 15 being a Police Officer could not have waited to register UDR although it was an unnatural death and his conduct speaks that there is no harassment and pointed out the lapses on the part of the Police Officer that though he overstayed in the night on the date of the incident, he did not make an attempt to file the complaint or to register the same. Although it has been opined that all the witnesses have spoken about consistent harassment meted out to Sangeeta by way of physical and mental torture, stating that complaint did not convene any meeting or made an attempt to give a complaint in this regard also, that the 4th accused is the sister of the 3rd accused and she is married and staying at Aurad and why her participation was there in subjecting the deceased to cruelty has not been explained and thus expressing doubt on the prosecution story, stating that there are doubtful circumstances which goes in favour of the accused, accordingly acquitted the accused. Being aggrieved by the said order of acquittal, this appeal by the State on the ground that although there is positive evidence on record that of PWs 1, 9, 11 12 and 14 and PWs 9,11 and 14 - independent witnesses supported the case of the prosecution regarding physical and mental ill-treatment to the deceased, accused have been acquitted by the Sessions Judge without taking into consideration the positive evidence on record, only on flimsy grounds and minor contradictions and assumptions and presumptions. There is cogent evidence on record for the offence under S.498A and 306, IPC. The deceased died within seven years of her marriage due to ill-treatment meted out to her in the matrimonial house. Thus, it is the submission of the counsel representing the State to allow the appeal and to convict and sentence the accused.