STATE OF KARNATAKA Vs. ANIL AND OTHERS

JUDGEMENT

(1.) It is the case of the prosecution that the complainant-Radhabai being the mother of the deceased Laxmi lodged a complaint as per Exhibit P. 1 In the complaint it is stated that the marriage of the deceased Laxmi has been performed with accused 1 five years prior to the incident at Amba-Bhavani Temple, Gadag-Betageri on 13-5-2003 in mass marriage. Subsequent to her marriage, Laxmi had been to the house of her husband to lead marital life. Her husband was residing with his brothers, wife of brothers and his sister. About two years, they were in joint family. Subsequently, Laxmi and her husband started living separately. At that time, the complainant had given to her utensils of Rs. 20,000.00 worth and two tolas weighing golden chain, ring and ear ornament etc. In all the complainant's family has spent about Rs. 80,000.00 for the marriage of Laxmi with accused No. Accused No. 1 was doing cloth business. Laxmi has given birth to two sons. Accused No. 1 was repeatedly quarreling with deceased laxmi. Accused No. 2 and 3, though residing separately, repeatedly visiting the house of accused No. 1 and picking quarrel with deceased Laxmi. Whenever complainant used to visit the house of Laxmi, her son-in-law accused No. 1 was picking quarrel with Laxmi. Since Laxmi could not tolerate the ill-treatment given by accused persons, she thought of committing suicide. On 31-1-2009 at 10.30 p.m., Laxmi hanged herself and committed suicide in the house of accused No. 1 situated at Gurusiddheswaranagar at Hubli and this fact was intimated to the complainant by one Seema Ladwa at 10.30 p.m. Immediately, the complainant, her husband and son Nagendra went to Laxmi's house and came to know that Laxmi was already shifted to KMC through neighbourers. The complainant and her husband went to KMC and saw injuries caused to the neck of deceased Laxmi due to hanging.

(2.) Heard learned Additional State Public Prosecutor for the State and the learned Amicus Curiae appointed by the Court in this appeal for the respondents-accused.

(3.) The learned Additional State Public Prosecutor has taken up a contention that the prosecution has examined in all 18 witnesses to prove the guilt against the accused, apart from marking documents at Exhibits P. 1 to P. 15 and also got marked material objects at M.Os. 1 to 5. He contended that the learned Sessions Judge has not properly appreciated the evidence on record insofar as the first accused, who is none other than the husband of deceased Laxmi and who had given physical as well as mental harassment to her. Accused Nos. 2 and 3 were also frequently visiting the house of accused and also causing physical as well as mental harassment to the deceased Laxmi. Due to the harassment meted out by the accused persons, the deceased Laxmi committed suicide by hanging herself in the scene of crime i.e., house of first accused. The learned Sessions Judge has not properly analysed the evidence put forth by the prosecution. Even though P.Ws. 14 and 15 being the material witnesses for the prosecution have stated about the harassment given by the accused persons to the deceased Laxmi, the same has been seen as independent evidence. P.W. 10 being the author of the complaint-Ex. P. 11, in the statement recorded by P.W. 17 being the Taluka Executive Magistrate, Hubli, has stated about the harassment given by the accused persons to her daughter deceased Laxmi. The same has also not been properly analysed by the learned Sessions Judge. The evidence of P.Ws. 10,14 and 15 is required to be re-appreciated in this appeal and the judgment of acquittal passed by the learned Sessions Judge requires to be reversed by convicting the accused for the offences punishable under Sections 498-A, 323, 306, 304-B and 302 read with Sec. 34 of IPC.