Bangalore District Court
(By The Learned Public Prosecutor) vs No.1 Has Started To Comment The Deceased ... on 18 February, 2020
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 18th DAY OF FEBRUARY, 2020
PRESENT:
Sri. E. RAJEEVA GOWDA, L.L.M.
XLV Addl. City Civil & Sessions Judge, Bengaluru.
S.C. No.1000/2013
BETWEEN
State by Hebbal PS.,Bangalore. .... COMPLAINANT
(By the learned Public Prosecutor)
AND
1. Sri.Devendra Singh Shikharval,
a/a 30 years, r/a No.525, 2nd Cross,
Narayan Reddy Layout,
behind Sumangali Sevashrama,
cholanayanakahalli, Hebbal, Bangalore.
2. Vidyaram Singh c/o Gulab
a/a 64 years, No.11 A Gugga's Varanda,
Joravoren, Madhya Pradesh.
3. Drowpadi W/o Vidyaram Singh
a/a 62 years,No.11 A Gugga's Varanda,
Joravoren, Madhya Pradesh.
4. Nagendra Singh c/o Vidyaram Singh,
a/a 38 years, No.11 A Gugga's Varanda,
Joravoren, Madhya Pradesh.
5. Rajini W/o Nagendra Singh,
a/a 25 years, No.12, UAS Abharad Village,
Buried Tashil, Jorra District, Mohareem,
Madhya Pradesh.
6. Kapthan Singh Sikhavar c/o Gulab,
a/a 65 years, No.16, Sector Fore,
Vinayanagara, Gwalior, Madhya Pradesh. ....ACCUSED
(Accuse No.1 by Sri SPT, Advocate)
(Accuse No.2 TO 6 by Sri KNL, Advocate)
*****
2 S.C.No.1000/2013
JUDGMENT
The Police-Inspector, Hebbala Police Station, Bangalore, has submitted charge sheet against the accused No.1 to 6 for an offences punishable U/s.498-A and 306 r/w 34 of Indian Penal Code.
2. The brief story of the prosecution are as under:
The accused No.1 is the resident of Bhojapur, Madhya Pradesh. The marriage of accused No.1 and deceased-Aarathi was performed at Gwalior, Madha Pradesh at the house of the deceased as per the customs. After marriage the deceased has started her marital life along with the accused No.1 to 6 at her husband's house. The accused No.2 to 6 have started to harass the deceased physically and mentally, abusing in filthy language. Meantime, the accused No.1 engaged in job at Bangalore. Hence, he was visited his village oftenly. Such being the case, in the month of December 2012, the marriage of deceased brother was performed in a very grand manner, for that reason, the accused No.1 has started to comment the deceased for not performing his marriage as performed by the marriage of her brother. Due to which, the accused No.1 has started to harass his wife i.e., deceased in the house situated at No.525, 2nd Cross, Narayan Reddy Layout, Cholanayanakahalli, Hebbal. Hence, on 3 S.C.No.1000/2013 28-01-2013, the deceased has poured kerosene by herself and set fire and died due to grievous burnt injuries. Thereby, the accused persons have committed the offences as alleged against them.
3.The concerned police have submitted charge sheet before the jurisdictional Chief Metropolition Megistrate Bangalore. The learned Magistrate has took cognizance of the offences and committed the case to the Sessions Court by complying Sec.207 of Cr.P.C. after furnishing charge sheet copies to the accused persons. The same was numbered as SC No.1000/2013.
4.The charge was framed against the accused persons for the offences as alleged against them. The accused has pleaded not guilty and claims to be tried.
5.The prosecution examined ten witnesses as PW.1 to PW.10 and got marked documents at Ex.P1 to P15 and Mos 1 to
3. On consent of accused counsel, the inquest mahazar, Postmortem report and FSL reports has been marked at Ex.P3, P4 and P14 respectively. As such the learned Public Prosecutor has gave up the witnesses CW.12 to CW.16. The learned public prosecutor has also gave up the witness CW.18 in view of 4 S.C.No.1000/2013 evidence other police official witness. The concerned police failed to execute warrant, summons against witnesses CW.2, CW3 and CW 7 to 10 and to keep them present before the Court for the purpose of evidence in spite of issuance NBW and Proclamation, and as such the prayer of learned Public Prosecutor was rejected and prosecution side evidence was taken as closed with liberty to examine the said witnesses CW.2, CW3 and CW 7 to 10, if the concerned police keep them present before the Court, before conclusion of trial.
6.After completion of prosecution side evidence, this Court has recorded the statement of accused as provided U/s.313 of Cr.P.C. Accused persons has complied 437-A of Cr.P.C. The accused has denied incriminating evidence present against them, and not chosen to lead defense evidence nor submitted anything to Court.
7.Heard the arguments on both sides and perused the materials on record.
8.The following points that arises for consideration of this court:
5 S.C.No.1000/2013
1. Whether the prosecution proves that the accused No.2 to 6 being family members of the accused No.1 and accused No.1 being the husband of deceased-Smt.Arathi, subjected her physical and mental cruelty and thereby the accused persons have committed the offence punishable U/s.498-A r/w 34 of IPC?
2. Whether the prosecution proves that the deceased without bearing with the ill-treatment and harassment given by the husband and his family members, committed suicide by setting her ablaze and succumbed to death, and thereby the accused persons has committed the offence punishable U/s.306 r/w 34 of IPC?
3. What order?
9.This Court has answered the above points are as under:
Point No.1: In the Negative Point No.2: In the Negative Point No.3: As per final order for the following:-
REASONS
10.Points No.1 and 2 : Both the points are taken up together as they are related to each other and to avoid repetition in the discussion.
On perusal of the prosecution papers it is admitted fact that the marriage of accused No.1 and deceased-Aarathi was 6 S.C.No.1000/2013 performed at Gwalior, Madya Pradesh in the month of June 2010. It is also admitted fact that the deceased-Aarathi set ablaze herself and committed suicide. The death of the deceased is also not in dispute. As such on consent of accused counsel, the inquest report, postmortem report and also FSL report have been marked at EX P3, P4 and P14. The FSL report reveals that the deceased has committed suicide with the help of kerosene. On the seized burnt piece of clothes, the residue of kerosene was present. Such being the case, the prosecution required to establish whether due to the physical and mental harassment given by the accused No1 to 6, the deceased-Aarathi has ended her life? In order to establish the said allegations the prosecution examined father of the deceased by name Shivanandan Singh. Except Shivanandan Singh the prosecution has failed to cross- examine brother of the deceased CW3-Vikram Sigh and the brother of the deceased mother CW-2 by name Mohan Singh. Among family members, the deceased Shivanandan Sigh being the father of the deceased has given evidence that he had four daughters and two sons. He and his wife were residing along with their children. The deceased-Aarathi is their forth daughter. In the chief examination, the father of the deceased had given evidence that at the time of marriage talks the accused persons were demanded Rs.5 Lakh cash, fridge, washing machine, Television 7 S.C.No.1000/2013 and other household articles. According to him on the said demand of accused persons they had given Rs.2.5 lakh and also household articles. It is noticed from the cross-examination of PW3 that the marriage of deceased-Aarathi was performed in the year 2009. After marriage she was started to reside in Bangalore. He do not know whether there was some exchange of words between accused No.1 and deceased-Aarathi for silly reasons. He has not lodged complaint against the accused persons prior to lodging of this complaint in his native place. He has also put forth his ignorance about deceased-Aarathi not talking with the accused No.1 for the period of two years after the marriage with accused No.1. This itself creates doubt about alleged harassment after 15 days of the marriage by the accused person. The said father of the deceased had given evidence in exaggeratedly which is against to the complaint marked at EX.P2 lodged by himself.
11. After marriage the deceased lived with all accused persons for a period of 1 ½ years. But the accused statement and the cross-examination of the witnesses shows that as on the date of alleged incident accused No.1 and deceased were residing at Bangalore. Whereas, the accused No 2 to 6 were residing in their village. According to the witness PW3 Shivanand 8 S.C.No.1000/2013 Singh, the accused persons immediately after the marriage started to harass the deceased as she do not know cooking and to performance of pooja and further abusing the deceased for silly reasons. But the further evidence of PW3 shows that accused No.1 and deceased were participated in the marriage of deceased brother CW3 Vikram Singh. Though the father has given statement that the accused No.1 has assaulted the deceased on the date of marriage of Vikram Sigh and left the marriage premises, but his further evidence shows that the accused No.1 had came back and took the deceased along with him. Thereafter they left their village and came to Bangalore in the month of November 2012. After reaching Bangalore, there was no contact between the deceased and her parents till the date of alleged incident. It appears from the evidence of PW3 that the deceased and accused No.1 after participating in the marriage of his son stayed for two days and return to Bangalore. During that time the deceased and accused No.1 were left the house happily. Though there is the evidence that the deceased refused to accompany her husband i.e., accused No.1 but they advised and sent her along with accused No.1. If it is so, the question of assault by the accused No.1 to the deceased on the date of marriage of his brother and left the marriage premises by the accused No.1 appears to be created story. Whatever the 9 S.C.No.1000/2013 evidence given by the father of the deceased CW3 regarding dowry or harassment is not found in the complaint marked at EXP2.
12. It is obvious to note that the deceased and accused No.1 had no issues due to the wed lock. Though the witnesses PW3 admitted that no child was born due to the marital relation ship of accused No.1 and deceased but denied providing of treatment to the accused No.1 and deceased by the accused No.6 before Dr. Sanjay Gupta at Madhya Pradesh. Perhaps the document produced by the accused persons at the time of accused statement shows that the accused No.1 and deceased underwent for medical treatment. It is surprise to note that the sister of the deceased Poonam who is the first daughter of PW3 has tried to commit suicide jumping into well. The witness PW3 has admitted that the sister of the deceased attempted to commit suicide by jumping into well. It appears the deceased and her sister were very sensitive in facing the life. The said witness PW3 has also denied that the accused No.6 is having a daughter by name Dr.Sangeeta Bhandari, also stated that he do not know whether the deceased has approached Dr. Sangeeta Bhandari to avail treatment for ear pain. So, the entire cross-examination of PW3 goes to show that the father of the deceased avoided 10 S.C.No.1000/2013 himself to speak truth before the court. So if the entire evidence of PW3 is taken into consideration then his evidence is not according to the complaint allegation.
13. The complaint itself reveals that the parents of the deceased given Rs.20,000/- towards marriage expenses and cot and almirah and some copper household articles as customary practice. Hence, the father of deceased PW3 has given evidence before the court in exaggeratedly which is not according to the recitals of the complaint. In support of the evidence of PW3, the prosecution has failed to examine the witnesses CW2 and CW3 who are the brother in law and son of PW3 to believe alleged harassment given by the accused persons to the deceased.
14. It is pertinent to note that PW1-Jagannath, PW2 Raju and PW10 Annamma are the owners of the house in which the deceased and accused No.1 were residing at Bangalore. All the said witnesses PW1, PW2 and PW10 never spoken anything about the harassment as alleged to be given by the accused No.1 to the deceased. It is the say of said witnesses that they were residing happily in their house on rent basis and the accused No.1 used to go for his work every day in the morning and return 11 S.C.No.1000/2013 during night. Though the witness PW1 having lodged complaint as per EX P7, which was registered as UDR FIR No.6/2013 and after registering of FIR the concerned police have conducted the spot mahazar in the presence of PW1 and PW5. So far as the those pancha witnesses have not supported the conducting of mahazar marked at EX P5 by saying that they signed the spot mahazar EXP5 on the say of police and they do not know the contents of EXP5. The said witnesses PW1 clearly admitted he is seeing accused No.2 to 6 for the first time before the court. When the other accused persons No. 2 to 6 not residing along with the deceased and accused No.1 at the time of alleged incident, the question of harassment as alleged by the PW3 is unbelievable and away from truth. Hence, the evidence of said witnesses not at all helpful to the prosecution to prove the allegation made against the accused persons.
15. The witness PW4 Smt.Vanitha Nayak being WPC has accompanied PSI on 31-01-2013 to the hospital. After postmortem handed over the dead body of the deceased to her family members. The witness PW6 Prasanna Kumar has took the Mos and handed over to FSL and submitted the acknowledgement before IO. Even the witnesses PW8 and CW18 apprehended the accused No.1 and produced before the IO. The 12 S.C.No.1000/2013 learned advocate representing the accused persons not disputed the evidence of PW4, PW6 and PW8. So far as the evidence of PW7 Shivaputrappa Magoda discloses that on 28-01-2013 at 12.45 noon when he was in police station the witness PW1 Jagannath came and lodged complaint. He has registered UDR FIR wide No.06/2013 and forwarded to special tahsildar. On same day, he visited spot and conducted spot mahazar in the presence of panchas and seized two litre capacity kerosene plastic can, match box and burnt clothes pieces and prepared mahazar accordingly at spot. Thereafter he has brought the said Mos into PF No 07/2013 and submitted the requisition to the special tahsildar to conduct inquest mahazar. Thereafter he has recorded the statement of the witnesses CW10, CW11, CW13, CW14, CW19 and secured the marriage invitation and photos of marriage of accused No.1 and deceased. The further evidence shows that on 31-01-13, the special tahsildar has recorded statement of deceased father i.e., PW3 and handed over the statement to him. On the basis of said statement he has registered FIR No.16/13 and forwarded the FIR to the court and its copies to his superior officers. He has also identified Mos which were marked at Mos 1 to 3 i.e., kerosene can, Match Box and burnt clothes. The prosecution has also got marked marriage invitation and photos at EXP9 and P10. The cross-examination of 13 S.C.No.1000/2013 accused counsel shows that the said witness has admitted that while receiving the complaint on 28-012013 through the witness CW4, i.e., PW1 not written the reason or cause for the death of the deceased. The said police witness has also admitted many number of house are located beside the house where the deceased and accused No.1 was residing. But the said witness has failed to record the statement of neighbor for the best reasons known to him. However, he has handed over further investigation to the witness PW9 Mohammad Sharif. The said witnesses PW9 has given evidence that he has verified the investigation carried out by the witness PW7 and thereafter he has deputed CW17 and CW18 to trace the accused. On 05-02- 2013 the said police staff CW17 and CW18 caught the accused and produced before him and thereafter, the witness CW18 has submitted report as per EXP13. The accused were arrested and produced before the court and thereafter he has recorded the statement of CW17. On 07-02-2013 he has recorded statement of CW 5 to 9 and on 15-04-2013 he had sent seized Mos to the FSL through the witness CW20. The said CW20 has handed over the seized mos to the FSL and submitted acknowledgement. Since, the investigation was completed, submitted charge sheet against the accused persons. In the cross-examination the accused counsel has denied recording of statement of the witnesses as 14 S.C.No.1000/2013 deposed by him. Further the said witness has admitted that he has not recorded the statement of the neighbors of accused No.1 and deceased and also not collected the call details of the accused No.1 and the deceased, which is much necessary.
16. It is very clear from the evidence that the involvement of accused persons in physical and mental harassment of deceased-Aarathi appears to be false and created story. On the other hand, the deceased might have committed suicide for not becoming pregnant or due to medical problems. After her death, the father and other family members of the deceased have taken the advantage of her death and lodged complaint to harass accused persons, though they were residing separately. So, it is very clear that the prosecution has failed to bring guilt against the accused persons as alleged in the charge sheet. Hence, this Court has answered point No.1 and 2 in the Negative.
17. Point No.3: In view of answer of court on points No.1 and 2, this court pass the following:-
ORDER U/s.235(1) of Cr.P.C. the accused No. 1 to 6 hereby acquitted of the offences punishable U/s.498- A and 306 r/w 34 of Indian Penal Code.15 S.C.No.1000/2013
The bail and surety bonds of accused No.1 to 6 stand canceled.
Mo1 being plastic can shall be confiscated to the State and Mo 2 and 3 being burnt clothes and match box are worthless shall be destroyed after appeal period is over.
(Dictated to the Stenographer, transcript corrected by me and then pronounced in open Court on this the 18th day of February, 2020) (E. RAJEEVA GOWDA) XLV Addl. City Civil & Sessions Judge, Bangalore 16 S.C.No.1000/2013 ANNEXURE List of Witnesses examined on behalf of Prosecution:
P.W.1:R. Jagannath P.W.2:Raju P.W.3:Shivanandan P.W.4:Vanita P.W.5:Raju singh P.W.6: Prasanna P.W.7:Shivaputrappa P.W.8:Fayaz Pasha P.W.9: Mohammad Shariff P.W.10:Annamma List of Documents exhibited on behalf of Prosecution:
Ex.P.1: Statement of PW.2
Ex.P.2: Statement of PW.3
Ex.P.3: Postmortem report
Ex.P.4: Statement of PW.2
Ex.P.5: Spot Mahazar
Ex.P.6: UDR No.06/2013
Ex.P.7: Complaint
Ex.P.8: PF No.07/13
Ex.P.9: Marrieage card
Ex.P.10: 6 photos
Ex.P.11: Letter dated 28-01-2013
Ex.P.12: FIR No.16/13
Ex.P.13 Statement of PW.7
17 S.C.No.1000/2013
Ex.P.14: FSL Report
Ex.P.15: Statement of PW.10.
List of Witnesses examined on behalf of Accused:
NIL List of Documents exhibited on behalf of Accused:-
NIL List of Material Objects marked on behalf of Prosecution:-
1. Plastic Can
2. Burnt Cloths
3. Match Box (E. RAJEEVA GOWDA) XLV Addl. City Civil & Sessions Judge, Bangalore.18 S.C.No.1000/2013
Order pronounced in the open Court vide its separate order ORDER U/s.235(1) of Cr.P.C. the accused No. 1 to 6 hereby acquitted of the offences punishable U/s.498- A and 306 r/w 34 of Indian Penal Code.
The bail and surety bonds of accused No.1 to 6 stand canceled.
Mo1 being plastic can shall be confiscated to the State and Mo 2 and 3 being burnt clothes and match box are worthless shall be destroyed after appeal period is over.
(E. RAJEEVA GOWDA) XLV Addl. City Civil & Sessions Judge, Bangalore.
19 S.C.No.1000/2013