Bangalore District Court
(Represented By The Learned Senior App) vs Rs.2 on 28 March, 2022
1 CC 15819 OF 2021
IN THE COURT OF XLI (41ST) ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
DATED THIS THE 28th DAY OF MARCH 2022
PRESENT
SRI S.S.BHARATH M.A. LL.M.,
ST
XLI (41 ) ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU
CRIMINAL CASE NUMBER 15819 OF 2021
BETWEEN
1. STATE represented by
Vidyaranyapura Police. ....COMPLAINANT
(Represented by the learned Senior APP)
AND
1. SRINIVAS K.N., S/o Neelakanta,
Aged about 37 years,
R/at No.2, S.M.School Road,
Yelachanahalli, J.P. Nagar,
Bengaluru.
2. SHYAMALA.B W/O Neelakanta.K (Previously A3)
Aged about 57 years,
R/at No.2, S.M.School Road,
Yelachanahalli, J.P. Nagar,
Bengaluru.
....ACCUSED
(Represented by Sri.Gautham Aditya B.C., Advocate)
2 CC 15819 OF 2021
VIDYARANYAPURA POLICE HAVE CHARGE SHEETED
THE ACCUSED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498(A), 506 R/W SECTION 34 OF IPC
TOGETHER WITH SECTIONS 03 AND 04 OF DOWRY
PROHIBITION ACT.
AFTER COMPLETION OF ADJUDICATION, THIS CASE
COMING ON FOR JUDGMENT, THIS DAY, THE COURT
DELIVERED THE FOLLOWING...
Offences alleged u/s :498(A), 506 R/w Section 34
of IPC and Sections 03 and
4 of Dowry Prohibition Act.
Charge sheet filed on : 15072021
Trial commenced on : 10032022
Trial completed on : 10032022
Judgment date : 28032022
Total duration : DaysMonths Years
13 08 00
JUDGMENT
1. Case of the prosecution is as under; The PW1 and accused No.1 are husband and wife.
Their marriage was solemnized on 05/05/2014 at Gowri Shankara Marriage hall, West of Chord Road, Bengaluru as per Hindu rites. At the demand of these accused, Rs.2,00,000/ cash, 50 grams of gold ornaments and silver articles weighing around 01 kilogram and cash of Rs.80,000/ separately were given to accused as a matter of dowry. For want of 3 CC 15819 OF 2021 more dowry, he started ill treating her both mentally and physically in association with other accused. They insisted her to go for work to meet their expesnes. For silly reasons, they have been ill treating her mentally and physically and despite receiving aforementioned valuables and cash, they insisted further for more dowry and valuables and cash and other articles etc.
2. This court has taken the cognizance of the offences punishable under sections 498(A), 506 R/w Section 34 of IPC and Sections 03 and 04 of Dowry Prohibition Act. As per the directions of the court, CC.No.15819 OF 2021 came to be registered. In compliance of section 207 of Cr.P.C, the copies of the charge sheet and other prosecution papers came to be supplied to the accused.
3. The court, after being satisfied as to existence of materials against the accused to proceed further in 4 CC 15819 OF 2021 this matter, framed the charge, read over the same to the accused in Kannada language in which they claim to be conversant with. But they did not plead guilty and they claimed then, to be tried. Therefore, this court issued summons to the witnesses.
4. During trial, the CW1 deposed as PW1 and CW4 deposed as PW2. She strangely deposed that there were only oral clashes between them. The accused did not put her to mental and physical suffrages. At the request of the learned Senior APP, she came to be considered hostile to the case of the prosecution and learned Senior APP cross examined her. But she did not elicit anything which would dismantle her evidence adduced as above. Considering her evidence and the nature of this matter, this court has dropped all other witnesses CW2, 3, 5 to 13 and proceeded to hear the arguments of both sides by dispensing the statement of accused which ought to have been 5 CC 15819 OF 2021 recorded under section 313 of Cr.P.C., if any incriminating materials would have been adduced by the prosecution.
5. Heard the learned Sr.APP.
6. Heard the learned counsel for accused.
7. Following points arise for determination;
1) Whether the prosecution proves beyond reasonable doubt that the accused No.1 being the husband of PW1 and accused No.3 is being the mother of the accused No.1 and mother in law of PW1 have been ill treating her both mentally and physically for want of more dowry from the date of marriage and therefore, they are liable to be punished for an offence punishable under section 498A R/W Section 34 of IPC ?
2) Whether the prosecution proves beyond reasonable doubt that the accused herein have put life threat upon PW1 for want of dowry and also insisting her to join a job and therefore, their act amounts to an intimidation and therefore they are liable to be punished for an offence punishable under section 506 R/w Section 34 of IPC ? 6 CC 15819 OF 2021
3) Whether the prosecution proves beyond reasonable doubt that, the accused have received dowry in terms of cash, gold and silver articles during the marriage of PW1 with accused No.1 and thereby they have committed an offence punishable under section 03 of Dowry Prohibition Act ?
4) Whether the prosecution proves beyond reasonable doubt that, after the marriage of PW1 with the accused No.1, all these accused demanded more dowry from PW1 and in the said backdrop, they have inflicted cruelty on her thereby they have committed an offence punishable under section 04 of Dowry Prohibition Act ?
5) what order ?
8. Above points have been answered as under; Points' no.01 to 04: In the Negative Point no.05 As per final orders for the following reasons...;
REASONS The prosecution is duty bound to prove the guilt alleged as above against accused. The burden to prove the aspects stated herein above against the accused , heavily rests upon the prosecution. 7 CC 15819 OF 2021 The points aforementioned have been taken up for discussion together.
9. For the purpose of clarity Sections 498A, 506, 34 of IPC and sections 03 and 04 of Dowry Prohibition Act are hereby extracted ;
Section 498A in The Indian Penal Code [498A. Husband or relative of husband of a woman subjecting her to cruelty.-- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Section 506 in The Indian Penal Code
506. Punishment for criminal intimidation.--Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.--And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished 8 CC 15819 OF 2021 with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Section 34 in The Indian Penal Code [34. Acts done by several persons in furtherance of common intention.--When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.] Section 3 in the Dowry Prohibition Act, 1961
3. Penalty for giving or taking dowry. If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2[with imprisonment for a term which shall not be less than 3[five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.
Section 4 in the Dowry Prohibition Act, 1961
4. Penalty for demanding dowry.--If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:
9 CC 15819 OF 2021
10. Points No.01 to 04; Considering the nature of the offences alleged against the accused, to avoid repetition all the above points have been taken up together for discussion as aforesaid.
11. Although the PW1 being the first informant and PW2 being the mother of PW1 in this matter and although they have been examined by the prosecution, in the course of trial as aforesaid she did not support the case. They did depose that there were some exchanges of words between PW1 and accused and therefore PW1 did submit a complaint against them, to Vidyaranyapura police and the accused did not ill treat PW1 and she did not complain against them as to cruelty etc.
12. Although they came to be cross examined by the learned Senior App, nothing much has been elicited by them and PW1 denied all her suggestions regarding the contents of Ex.P1 and Ex.P2. 10 CC 15819 OF 2021
13. Apart from the above, nothing is available on record which would incriminate the accused herein. No doubt, a serious case has been alleged against accused by the prosecution. But merely chargesheeting the accused in the case for the offences which do have gravity, same by itself does not incriminate the accused and thus it cannot be said that, by virtue of the registration of the case, the burden rests upon the prosecution to prove the case has been discharged or otherwise.
14. Rest of the witnesses, for the aforementioned reasons have been dropped. Hence keeping in mind the nature of the evidence of PW1 and the materials submitted till date in the matter, Ex.P1 and Ex.P2 and their contents and the nature of the answers given by her during her crossexamination, this court is of the firm opinion that the prosecution has miserably failed to prove the case alleged against accused. 11 CC 15819 OF 2021
15. Though the PW1 has deposed that there were some exchanges of words amongst them and thus she did submit the case etc, those things certainly do not incriminate accused.
16. There is nothing on record to say that the prosecution is successful in proving that the accused have put the life threat upon PW1. There is nothing on record to say that the prosecution is successful in proving the case. Therefore in view of absence of cogent and convincing evidence against accused which may prove the accusations made as above, this court has no impediment to say that the case of the prosecution fails and accordingly for the foregoing reasons, Points Nos.01 to 04 are hereby answered in the Negative.
17. Point No.5 : The circumstances warrant the following operative portion for the foregoing reasons; 12 CC 15819 OF 2021 OPERATIVE PORTION Invoking section 248(1) of Cr.P.C, accused Nos.01 and 02 are hereby acquitted of the offences punishable U/s.498A, 506 R/w Section 34 of IPC and Sections 03 and 04 of Dowry Prohibition Act.
The bail bonds and surety bonds of accused Nos.01 and 02 will be in force till completion of appeal period, thereafter, they shall stand cancelled.
(Dictated to the stenographer, typed by him, corrected by me and then pronounced in the open court today, that is on 28032022) S.S.BHARATH XLI (41ST) ACMM, BENGALURU 13 CC 15819 OF 2021 ANNEXURES List of witnesses examined on behalf of prosecution: PW.1 : Smt.Bhargavi PW.2 : Smt.Gayathri List of documents marked on behalf of the Prosecution: Ex.P.1 : Complaint Ex.P.1(a) : Signature of PW1 Ex.P.2 : Panchanama Ex.P.2(a) : Signature of PW1 List of witnesses examined on behalf of accused : NIL List of documents marked on behalf of the accused : NIL S.S.BHARATH XLI (41ST) ACMM, BENGALURU;