DADU ALIAS DADAPEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Section 306 IPC on a trial held by the Sessions Judge, Chikmagalur. The facts reveal that there was a love affair between Mubeena (deceased) and the appellant and they used to wander together in the village. The appellant had agreed to marry Mubeena (deceased), but on 21.05.2004, the appellant and his sisters i.e., accused Nos. 2 and 3 went to the house of deceased Mubeena and said that appellant is not willing to marry her and that she can marry any other person. At that time, the deceased expressed that the appellant had loved and assured to marry her, hence, she is not willing to marry any other person and if the appellant does not marry, she will die. At that time, appellant -accused is said to have told her that he is not going to marry her and she may, go and die and the sisters of appellant -accused also abused her in filthy language. The deceased got upset by the conduct of appellant and said to have committed suicide by jumping into the well. Her father gave a complaint (Ex. P1) which came to be registered for the offence under Section 306 IPC and during the course of investigation, mahazar (Ex. P4) is held in the presence of PW 6 -Dastagir Sab and others and the dead body is removed from the well. PW. 3 -Kempegowda, the doctor held the autopsy on the body as per Ex. P2. Statement of the witnesses were recorded. Mahazar of the place of incident of abuse was held as per Ex. P4 and after complying necessary formalities, chargesheet was laid against the appellant and his sisters i.e., accused Nos. 2 and 3. During the trial, prosecution examined PWs. 1 to 9, got marked Exs. P1 to P5. Statement of the accused was recorded under Section 313 Cr.P.C. The Trial Court has convicted the appellant for the charge under Section 306 IPC whereas other accused were acquitted. Aggrieved by the conviction and sentence, the present appeal is filed.

(2.) I have heard learned Counsel for the appellant and also learned High Court Government Pleader.

(3.) LEARNED Counsel for the appellant relying upon the decision of this Court reported in K. Ramakrishnappa Vs. State by Bandur Camp Police Station, (2007) 5 KarLJ 83 contends that there is no instigation to commit suicide by saying 'go and die' and therefore, the Trial Court has erred in awarding conviction.