Bangalore District Court
State By vs Mala on 19 January, 2019
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BANGALORE CITY.
(CCH-67)
DATED THIS THE 19th DAY OF January 2019
PRESENT
SRI.A.VIJAYAN, B.A.(LAW),LL.M.,
LXVI Addl.City Civil & Sessions Judge (CCH-67)
S.C.1460/2014
COMPLAINANT : State by:
Gangammanagudi Police Station,
Bangalore.
(By Public Prosecutor)
/Vs/
ACCUSED: Mala
D/o Doreswamy Naik,
W/o Shankar,
Aged about 36 years,
R/at No.86, A.V.Maria,
Near Gangamma Temple,
Gangamma Circle,
Jalahalli Post,
Bangalore.
(By Sri.D.R.S. , Advocate)
DATE OF:
Occurrence of offence : 12.09.2014
Report of the occurrence : 10.12.2014
Commencement of trial : 23.02.2016
2 S.C.No.1460/2014
Closing of trial : 17.07.2018
Name of the complainant: Sri.M.S.Sathyanarayana
Offence alleged : U/s 306 of IPC
Opinion of the judge : Charges not
proved
Sentence or order : Acquitted
JUDGMENT
Gangammanagudi police filed charge sheet against the accused in Crime No.162/2014 for the offence punishable under Sec.306 of IPC.
2. Brief facts of the prosecution case is that:-
Accused and deceased Ayub Pasha @ Giddu, aged about 45 years were having relation and residing at No.86, A.V.Mariya, Near Gangamma Temple, Gangamma Circle, Jalahalli post within the limits of Gangammagudi police station and there was dispute between accused and deceased with regard to pleading of gold ornaments and on 12.09.2014 at 3 S.C.No.1460/2014 about 1.45 p.m. in the afternoon again both quarreled and deceased assaulted the accused on her face and near right ear and caused injuries to her and being enraged upon this, accused told deceased to go and die, for which deceased went in to the room of accused house and hanged himself to the ceiling fan with the help of plastic rope and committed suicide and thereby accused abetted deceased to commit suicide and thus committed an offence punishable under Section 306 of I.P.C. Therefore, the complainant prayed police to take appropriate legal action against the accused Deepak.
3. Police after registering the complaint, registered the case in crime number of their police station and submitted FIR before the 8th ACMM. Visited spot, conducted spot mahazar, recorded statement of witnesses, conducted inquest mahazar 4 S.C.No.1460/2014 and postmortem through medical officer. After collection of relevant documents and after completion of investigation, filed charge sheet before the 8th ACMM, which has been registered in C.C.No.29944/2014. Thereafter, the learned 8th ACMM, issued copy of charge sheet to the accused under Sec.207 of Cr.P.C. and by an order of committal based on jurisdiction to try this offence, the learned magistrate committed this case to this court. This court has registered the case is S.C.No.1460/2014.
4. Thereafter, heard before charge, charge framed and the plea of the accused was recorded. Accused pleaded not guilty, but claimed to be tried by this court. Hence, this case was posted for trial. 5 S.C.No.1460/2014
5. During the course of trial, the prosecution in all examined its witnesses as P.W. 1 to 18 and got marked documents Exs.P.1 to P.22 and M.Os.1 to 11.
6. Accused statement under Sec. 313 of Cr.P.C. was recorded. Accused denied all incriminating evidence adduced and produced by the prosecution. On the other hand, the accused neither produced nor adduced any evidence on his defence.
7. Heard arguments on both the sides and case was posted for judgment.
8. Out of above said facts and circumstances of the case, and material evidence on record, points that arise for my consideration are as under for the following reasons:-
1. Whether the prosecution proves beyond all reasonable doubt that, accused and deceased Ayub Pasha 6 S.C.No.1460/2014 @ Giddu, aged about 45 years were having relation and residing at No.86, A.V.Mariya, Near Gangamma Temple, Gangamma Circle, Jalahalli post within the limits of Gangammagudi police station and there was dispute between accused and deceased with regard to pleading of gold ornaments and on 12.09.2014 at about 1.45 p.m. in the afternoon again both quarreled and deceased assaulted the accused on her face and near right ear and caused injuries to her and being enraged upon this, accused told deceased to go and die, for which deceased went in to the room of accused house and hanged himself to the ceiling fan with the help of plastic rope and committed suicide and thereby accused abetted deceased to commit suicide and thus committed an offence punishable under Sec. 306 of IPC?
2. What Order?
9. My findings to the above points are as under for the following reasons:-
Point No.1 : In the Negative 7 S.C.No.1460/2014 Point No.2 : As per final Order, for the following stated REASONS
10. POINT No.1: In this case, police have filed charge sheet against the accused for the offence punishable under Sec.306 of IPC. It is burden on the prosecution to prove the guilt against the accused beyond all reasonable doubt with the material, supportive and corroborative evidence with cogent reasons.
11. During the course of trial, the prosecution in all examined its witness P.W.1 to 18 and got marked documents at Exs.P.1 to P.22 and M.Os.1 to
11.
12. P.W.1/CW.18 Sri. Mosus deposed that, on 13.09.2014 he signed one document in the police station he do not know for what purpose police 8 S.C.No.1460/2014 obtained the signature in Spot mahazar is marked as Ex.P.1, and he identify the signature in Ex.P.1(a), and failed to recount whatever written in Ex.P.1 and turned hostile. In his cross-examination by Learned Public Prosecutor he deposed that prosecution failed to elicit any gainful evidence in favour of prosecution.
13. P.W.2/CW.2 Sri.Abdulla deposed that, at about 4-5 months back one Friday when he was returning from namaz, police and obtained the signature near his house but police did not seized any material object in his present. Spot mahazar is marked as Ex.P.1, He identify the signature in Ex.P.1(b), and failed to recount written in it and turned hostile. In his cross-examination by Learned Public Prosecutor he deposed that prosecution failed 9 S.C.No.1460/2014 to gainful evidence in favour of prosecution, but he got marked M.0s.1 to 6 through him.
14. P.W.3/CW.7 Smt. Suraiya Iyub deposed that, deceased Ayub pasha his her husband and he was doing fabrication work at Adichuchanagiri.
Further deposed on 12.09.2014 Morning at about 9.00 a.m. when her husband left the house he took cash of Rs.5,00,000/- cash ING Vyshya bank FD and one Aadhaar card for making payment in Bangalore in a car. At about 2.30 pm and she was making namaz in her house there was continuous ringing of telephone, since he was indulged in prayer she did not lift the phone, at about 3.00 p.m. when she call to same number one name person had attend her call and cut the phone call, again that person call her and informed that her husband met 10 S.C.No.1460/2014 with an accident and sustained injuries and he informed her to come to Bangalore immediately. Thereafter she informed her brother as well as brother-in-law and they came to Ramaiah Hospital along with family from Belluru. Upon enquiry they came to know that her husband expire by committing suicide. On that day she did not see her husbands dead body. After enquiry from some persons she came to know that her husband committed suicide in the house of one Mala. Further deposed that on 13.09.2014 at about 10 a.m, her self and her brother have seen dead body of Ayub Pasha, and she observed some nail scratching marks on his body, and his banian were staying with blood. Hence she suspected that harassment by Mala her husband would have expire. Thereafter police reveled her they came to know at about two days back Mala quarreled 11 S.C.No.1460/2014 with her husband and caused sever mental strain that ended in his death. Further deposed that she came to know that her husband had illicit relationship with Mala to her neighbors when Mala quarrel with her husband to get released her pledged gold ornaments, her husband committed suicide. She identify Aadhaar card, bank checkbook and Vyshya bank FD in Mos.1 to 3. In her cross-examination she deposed that her husband was doing fabrication work at Belluru, Bangalore, Mysore and other parts of Karnataka and she do not know where her husband was purchased raw materials and contract work. And she do not know friends and relatives in the Bangalore city. She do not know name of police who informed her about quarrel between Mala and her husband. But she clearly deposed that through neighbors of house of Mala she came to know that 12 S.C.No.1460/2014 there was quarrel between Mala and her husband frequently. She denied several suggestions put by Learned Defence Counsel.
15. P.W.4/CW.8 Sri.Salman Pahsa deposed identically as P.W.3 in his examination chief. And further deposed that due to abetment of accused her father committed suicied and he also identify accused before the court. In his cross-examination he deposed that his father was doing fabrication work in Mandya, Mysore and in Bangalore city and he has purchased raw material from two stores, hence of the day Bangalore for paying amount to their. The neighbors of accused reveling that frequently there was quarrel between Mala and his father and he do not know their names. And he denied several suggestions put by Learned Defence Counsel. 13 S.C.No.1460/2014 16 P.W.5/CW.9 Sri.Mohammed Shafeek Ahamed deposed that, deceased Ayub pasha is his brother-in-law on 11.09.2014 between 2.30 and 3.00p.m. when he was eating food he received one mobile call from Ayub pasha mobile. In that the strangers informed the Ayub pasha met with an accident immediately himself and his family members rushed to Ramaiah hospital wherein he see Ayub pasha body had been kept in Mortuary. And after enquiry he came to know that his brother-in-law committed suicide.
Further deposed that thereafter he came to know that his brother-in-law expired in the house of accused Mala quarrel between accused Mala and Ayub Pasha with regard to money and jewels in that incident accused Mala abated Ayub Pasha to commit suicide due to mental pressure his brother-in-law 14 S.C.No.1460/2014 committed suicide, and he came to know about fact the neighbors in to the spot. In his cross- examination he deposed that he do not know the person who informed about the reason for death of Ayub Pasha. Himself and his cousin brother Mohammed Saleem had been to Gangammanagudi and enquired neighbors, and he put by several suggestions put by Learned Defence Counsel.
17. P.W.6/CW.11 Smt.Mery deposed that, She knows accused and deceased Ayub Pasha . Ayub Pasha used to stay in the house of accused and he did not heard or seen quarrel between IP and accused. At point of time she never interfered in their quarrel and pacified both of them. And do not have information that accused abated IP to commit suicide and she denied her statement for the police and turned hostile. In his cross-examination by 15 S.C.No.1460/2014 Learned Public Prosecutor she deposed that prosecution failed to elicit any gainful evidence in favour of prosecution.
18. P.W.7/CW.10 Smt.Christina Mosus deposed that, she knows accused and deceased Ayub Pasha used to stay in the house of accused and he did not heard or seen quarrel between Ayub Pasha and accused. At point of time she never interfered in their quarrel and pacified both of them. And do not have information that accused abated IP to commit suicide and she denied her statement for the police and turned hostile. In her cross-examination she deposed that prosecution fails to elicit gainful evidence in favour of prosecution.
19. P.W.8/CW.12 Smt.Papitha deposed that, she knows accused and deceased Ayub Pasha. Ayub 16 S.C.No.1460/2014 Pasha used to stay in the house of accused, and he did not heard or seen quarrel between Ayub Pasha and accused. At point of time she never inferred in their quarrel and pacified both of them. And do not have information that accused abated IP to commit suicide and she denied her statement for the police and turned hostile. In her cross-examination she deposed that prosecution fail to elicit gainful evidence in favour of prosecution.
20. P.W.9/CW.15 Sri.Mohammed Kaleem deposed that, deceased Ayub Pasha is his uncle he knows accused. At about 2 yeas back when he was in village he received one phone call from the mobile phone of Ayub Pasha immediately he and his family members rushed in to the Ramaiah Hospital, wherein he saw the body of Ayub Pasha in the mortuary, and he came to know that Ayub Pasha died by committing 17 S.C.No.1460/2014 suicide. Thereafter he came to know that his uncle used to visit house of Mala at the time she quarrel with Ayub Pasha for pledging of her ornaments. He identify accused Mala before the court. He also deposed that with regard to statement given to police. In his cross-examination he deposed that his uncle used to visit Bangalore Mysore and other parts of Karnataka for doing fabrication work. His uncle used reveling that he has to get amount in the Bangalore city and he clearly admitted that his uncle do not have consuming alcohol .
21. P.W.10/CW.13 Sri.Sushanth deposed that, he was residing beside Gangamanagudi temple in the 1 floor, and accused Mala was residing in the ground floor of that building and deceased Aub pasha was known person to him. Ayub pasha was used to remaining in the house of accused at about 15 days 18 S.C.No.1460/2014 in a month in the house of accused. He was good terms with him back Ayub Pasha committed suicide in the house of accused and he do not know for what reason he committed suicide. He not see quarrel between accused and Ayub Pasha. But they have good terms and denied the statement accused and prosecution elicit gainful evidence.
22. P.W.11/CW.16 Smt.Letitiya Maria deposed that, she knows accused and she knows deceased Ayub Pasha @ Giddu said Ayub pasha was residing has tenant in her house from 11.10.2012 on words by paying monthly rent Rs.6,000/-. Ayub Pasha was doing fabrication work and used to visit house of accused from Belluru frequently. In 2014 she came to know that Ayub Pasha committed suicide and she do not know exact reason for suicide. And she denied her statement against the accused and turned hostile 19 S.C.No.1460/2014 during her cross-examination prosecution failed to elicit gainful evidence.
23. P.W.12/CW.17 Dr.S.Praveen deposed that, on 13.09.2014 he received requisition from Gangamanagudi police station to conduct post- mortem examination of Ayub Pasha @ Giddu, Aged about 45 years according from 10.15. a.m and 11.15 a.m. to they conducted post-mortem of dead body and they collected clothes of the deadbody of Ayub Pasha, at the time they see mark around his neck situated just above thyroid cartilage running upwards and backwards measuring 32 cm x 1cm situated 6 cm below the left ear lobule, 7 cm below the chin and 4 cm below the right ear lobule. The outicle over the ligature mark was dark hard and parchumentized. And he also given about external injuries as well as internal organs and that death is due to asphyxia as 20 S.C.No.1460/2014 result of hanging through him prosecution marked EX.P.11 12 and MO.7 to 10.
24. P.W.13/CW.19 Smt.Hema S.M. the WPC deposed about arrest of Mala on 13.09.2014 at about 10.45 p.m. and producing her before inspector.
25. P.W.14/CW.20 Sri. K.Ravikumar the then Police constable deposed about post-mortem report from M.S. Ramaiah Hospital to IO along with report and things since deadbody prosecution got Identified Ex.P.11 and M.O.7 to 10.
26. P.W.15/CW.21 Sri. Honnaia T.R. the then head constable of Ganganmagudi police station deposed about post-mortem conducted by medical officer. After the post-mortem they handed over deadbody of Ayub pasha to his wife Suraiya and produced acknowledgement before PI and the report 21 S.C.No.1460/2014 marked in Ex.P.14 and he identify signature in Ex.P.14(a).
27. P.W.16/CW.01 Sri. M.S.Sathyanarayana deposed about registration of F.I.R. in U.D.R.No.30/2014 and on 13.09.2014 at about 8.00 a.m. in the presence of pancha witnesses he conducted inquest mahazar of dead body and got marked as Ex.P.2 and he identified signature in Ex.P.2(a). At the time of investigation he also record statements of suraiya, Salman Pasha, his brother-in- law Mohammed Shareef Ahamed. Through their statement and he confirmed that accused has abatted commission of suicide. On same day he conduct post-mortem and handed over body of the deceased person. Since there was prima facie case against the accused. Accused for amendment of suicide is suo moto registered a case in 22 S.C.No.1460/2014 Crime.No.162/2014. As per Ex.p.15 and he identify the signature in Ex.P.15(a) and submitted the F.I.R. P16 and identified signature in 9(a) and he drawn spot mahazer in Ex.P.1 and identified the signature in Ex.P.1(c), and also record a statement of suraiya, Chistila Mery, Hema. And same day PSI Janardhan produced accused before him. And arrested accused at about 8.30 p.m and kept her in police lockup on 14.09.2014. He produced accused before the court along with remand application. And prosecution got marked inquest mahazar in Ex.P.17 he identify the signature in Ex.P.17(a) and copy of Ex.P.17 in Ex.P.2 and he identified broken plastic chair seized in incident spot in M.O.11. In his cross-examination he deposed several suggestion put by Learned Defence Counsel.
23 S.C.No.1460/2014
28. P.W.17/CW.22 Sri. G.R.Venkateshaia deposed about handing over things belongs to Ayub pasha to forensic lab for scientific analysis, and obtained acknowledgment from them and produced before PSI and passport marked as Ex.P.17 and acknowledgment in Ex.P.18.
29. P.W.18/CW.23 Sri. Janardhanrao deposed that, on 14.09.2014 he received case papers from M.S.Sathyanarayana in Crime.No.162/2014, along with a memo marked as Ex.P.19. Continuation of investigation on 15.09.2014 he recorded further statement of CW.7 to 13, and statement of CW.16 and obtained rent agreement from CW.16, the rent agreement marked as Ex.P.20. On 26.09.2014 he received post-mortem report from police constable Ravikumar along with material objects and entered them in P.F.No.55/2014. And report post-mortem 24 S.C.No.1460/2014 report in Ex.P.13, and he identified his signature in Ex.P.13(b). and report P.F.No.55/2014 as Ex.P.21 and he identified his signature in Ex.P.21(a). Acknowledgment issued by FSL reported as Ex.P.22. Further he clearly admitted that CW.10 has give statement as per Ex.P.5 and 6, CW.12 has give statement as Ex.P.7 and 8, CW.13 given statement as per Ex.P.9. and CW.14 given statement as per Ex.P.10. Identified material object seized in P.F.No.55/2014 as M.Os.7 to 10. In his cross- examination he deposed that he has not produced any document to show that deceased Ayub Pasha has Pledged jewels belongs to accused, and clearly admitted that during the course of investigation he came to know that deceased Ayub pasha for habit of consuming alcohol and he suffered loss in the 25 S.C.No.1460/2014 business. And he denied several suggestions put by Learned Defence Counsel.
30. On analyzing entire case of prosecution it is clear that has been alleged by prosecution that accused has committed offence 306 of I.P.C. prosecution during the course of trial in all examined its witnesses P.W.1 to 18 and got marked documents Ex.P.1 to P.22. Among them P.W.1 and 2 who was spot mahazar witnesses fail to support prosecution case and turned hostile. P.W.3 is the wife of deceased and P.W.4 son of deceased and P.W.5 the relative of decease who are hearsay witnesses. At the time of incident they were in Belluru and they came know about the incident to neighbors. Neighbors who informed them about the accused not deposed by these witnesses. Further P.W.6 Merry P.W.7 Chirstina, P.W.8 Papitha, who are neighbors of 26 S.C.No.1460/2014 accused fail to deposed anything about quarrel that alleged have taken place between accused and the deceased and turned hostile. It is fatal to the prosecution case. P.W.9 again hearsay witness he deposed about he knew about the incident. P.W.10 another neighbor of the incident spot fail to deposed anything about the incident and turned hostile. P.W.11 another material witness fail to support prosecution case and turned hostile. And rest of the witnesses of medical officer and police witnesses in this case the material witnesses upon who the entire case of prosecution relied fail to support prosecution case and turned hostile. Further IO who examined himself as P.W.18 in his cross-examination clearly admitted that during the course of investigation he came to know the deceased had habit of consuming alcohol, and he also sustained loss in his business his 27 S.C.No.1460/2014 relevant point. Under these circumstances prosecution miserably fail to prove guilt against the accused. Beyond all reasonable doubt with all oral and documentary evidence show that accused has abetted commission of suicide of the deceased Ayub Pasha. Hence this court hold Point No.1 in the Negative.
31. POINT No.2: In view of my finding to above point and for reasons discussed above, I proceed to pass following:-
ORDER Acting U/Sec 235(1) of Cr.P.C accused is hereby acquitted for the offence punishable U/Sec 306 of I.P.C. and set at liberty.
The bail bond executed by surety and accused will get cancelled after elapse of six months.28 S.C.No.1460/2014
M.Os.1 to 11 are being worthless to be destroyed after elapse of appeal period.
[[ (Dictated to the Stenographer on Computer, typed by her and then corrected and pronounced by me in the open court on this the 19th day of January 2019) (A.VIJAYAN), LXVI Addl., City Civil & Sessions Judge, Bangalore.
-:ANNEXURE:-
WITNESSES EXAMINED BY THE PROSECUTION:-
PW.1 Moosus B PW.2 Abdul PW.3 Suraiyya Iyub PW.4 Salman Pasha PW.5 mohammed Shafeek PW.6 Mery PW.7 Cristina PW.8 Papitha PW.9 Mohammed Khaleem PW.10 Sushanth PW.11 Lititia Mariya PW.12 Dr.Praveen PW.13 Hema PW.14 Ravikumar PW.15 Honnaiah 29 S.C.No.1460/2014 PW.16 Sathyanarayana PW.17 Venkateshaiah PW.18 Janardhanrao WITNESS EXAMINED FOR DEFENCE :- NIL DOCUMENTS MARKED FOR PROSECUTION:- Ex.P1 Mahazar Ex.P1(a) Signature of PW.1 Ex.P1(b) Signature of P.W.2 Ex.P1(c) Signature of P.W. 16 Ex.P2 Inquest mahazar report Ex.P3 Statement of PW.6 Ex.P4 Further Statement of PW.6 Ex.P5 Statement of P.W. 7 Ex.P6 Further Statement of P.W. 7 Ex.P7 Statement of P.W. 8 Ex.P8 Further Statement of P.W. 9 Ex.P9 Statement of PW.13 Ex.P10 Statement of PW.16 Ex.P.11 P.M. Report Ex.P11(a) Signature of P.W. 17 Ex.P12 Final opinion Ex.P.13 Report given by P.W.20 Ex.P13(a) Signature of P.W. 20 Ex.P13(b) Signature of P.W. 18 Ex.P14 Report given by CW.21 Ex.P14(a) Signature of P.W. 21 Ex.P15 Complaint Ex.P.15(a) Signature of CW.1 Ex.P16 F.I.R. Ex.P.16(a) Signature of CW.1 30 S.C.No.1460/2014 Ex.P.17 Passport Ex.P.18 FSL acknowledgment Ex.P.19 Memo Ex.P.20 Rental Agreement Ex.P.21 P.F.No.55/2014 Ex.P.22 FSL report DOCUMENT MARKED FOR DEFENCE:- NIL
MATERIAL OBJECTS MARKED FOR PROSECUTION:-
MO.1 Aadhaar Card
MO.2 Bank Cheque Book
MO.3 Vyshya Bank Policy letter
MO.4 Gold ornaments receipt
MO.5 Knife
MO.6 Knife
MO.7 Nylon rope
MO.8 White colored Sandro Baniyan
MO.9 Gray color underwear
MO.10 Multi colored checks lungi
MO.11 Plastic Chair
(A.VIJAYAN),
LXVI Addl., City Civil & Sessions Judge, Bangalore.31 S.C.No.1460/2014
Pronounced in open court vide separate order with following operative portion:
ORDER
Acting U/Sec 235(1) of
Cr.P.C accused is hereby
acquitted for the offence
punishable U/Sec 306 of I.P.C.
and set at liberty.
The bail bond executed by
surety and accused will be
cancelled after elapse of six
months.
M.Os.1 to 11 are being
worthless to be destroyed after
elapse of appeal period.
LXVI Addl.CC & SJ,
Bangalore.