RAMESH S/O YANKAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the accused against the judgment of conviction and sentence dated 29.04.2010 passed by the learned Presiding Officer, Fast Track Court No.1, Bellary, in Sessions Case No.84 of 2009 wherein the accused was convicted for the of fences punishable under Sections 509, 504, 341, 354, 323 and 305 of the Indian Penal Code (hereinafter referred to as the 'IPC', for the sake of brevity).

(2.) Brief facts for the purpose of this appeal are as under:

(3.) The learned counsel for the appellant submitted that the ingredients of Section 305 of IPC have not at all been proved. There is no abetment caused by the accused to the deceased. She has committed suicide for her own cause. PW-2 has not supported the case of the prosecution. PW-3 is not aware of the conducting of panchanama by the Investigating Of ficer. The deceased was beaten by her parents when the love letters written by her were shown to the parents. On account of showing all her love letters, the deceased was ashamed of herself and therefore on account of being beaten by the parents, she has committed suicide. There is a delay of nearly 2 days in filing the complaint. Parents or other family members of the deceased have not lodged any complaint. The case of suicide is not on account of the act of the accused. The deceased had sustained 95-99% burn injuries. She was not at all in a position to give any statement. Hence, the alleged dying declaration has been manipulated. It does not bear any date. Whether it is the dying declaration which came into ef fect at the first instance or the complaint is not forthcoming. Before registering FIR, request is given to the Police Officer to record the statement. PWs.5 and 6 are hearsay witnesses. Assault by the accused and slapping by him is admitted by the witnesses. The deceased was very sensitive. As the love letters were seen by her parents, she was beaten by them. That was the cause for her to commit suicide. Parents were present in the hospital at the time of recording dying declaration. Neighbours, who rescued the deceased, were not examined. A relative of the complainant has played an prominent role in filing the complaint, registering the crime by the police. He has also played a role in getting dying declaration of the injured prepared. PW-8 has not supported the case of the prosecution. PW-9 has not seen the accused. Students who were present at the time of the incident were not at all examined. The genesis of crime has been suppressed. There is no proper investigation. The deceased committed suicide on account of beating by her parents only. Therefore, the learned counsel for the appellant prayed to allow the appeal and acquit the accused of all the offences leveled against him.