S RAGHAVENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred as accused No.1 ) along with accused 2 to 5 were chargesheeted for an offence punishable under section 306 IPC. The learned trial Judge discharged accused 2 to 5. Accused No.1 was charged for offences punishable under sections 306 & 417 IPC on the allegations that accused No.1 having fallen in love with Savitha (since deceased) had committed breach of promise to her with the intention that his acts are likely to drive her to commit suicide. The learned trial Judge has convicted accused No.1 for an offence punishable under section 306 IPC. Therefore, he is before this court.

(2.) I have heard Sri Santosh S.Nagarale, learned counsel for accused No.1 and Sri B.Visweswaraiah, learned HCGP for State.

(3.) IT is established from evidence on record that accused No.1 had fallen in love with deceased Savitha and they had love affair for a period of 8 months prior to 12.04.2006. Accused No.2 -Vani (the younger sister of accused No.1), accused No.3 -Kishore (the husband of accused No.2), accused No.4 -Srinivas Rao (the father of accused No.1) and accused No.5 -Gayatri (the mother of accused No.1) had visited the house of deceased and scolded her parents and close relatives, stating that deceased Savitha was a girl of easy virtues and accused No.1 will not marry deceased Savitha. Therefore, younger sister of deceased namely PW6 - Latha lodged first information with Doddapet Police Station, Shimoga City. Accused 1 to 5 were summoned to police station. Accused No.1 agreed to marry deceased Savitha. Therefore, PW6 -Latha withdrew complaint. Thereafter, accused No.1 took a U turn and told deceased Savitha that he would not marry her. The deceased was shocked. She ran away from police station to her house and consumed paracetamol tablets to commit suicide. The deceased was shifted and treated in Raikar Hospital at Shimoga for six days, however she could not be saved. The contents of postmortem examination report would reveal that death of deceased was due to cerebral edema and pulmonary edema as a sequelae of consumption of paracetamol tablets.