Bangalore District Court
State Of Karnataka vs No.1 1. Gopal on 1 March, 2023
KABC010111252016
IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 1 st DAY OF MARCH, 2023
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
S.C.No.593/2016
Complainant State of Karnataka
By K.R.Pura P S,
Bengaluru.
Accused No.1 1. Gopal,
S/o Veerabhadrappa,
Aged about 46 years,
Accused No.2 2. Veerabhadrappa,
S/o Sahasaraj,
Aged about 83 years,
Accused No.3 3. Jayalakshmamma,
W/o Veerabhadrappa,
Aged about 66 years,
Accused No.4 4. Srinath,
2 S.C.No.593/2016
S/o Veerabhadrappa,
Aged about 38 years
All the above are R/at
No.66, Arch Road,
Nr.Sophia School,
Kempegowdanagar,
Laggere, Bengaluru.
Accused No.5
5. Prema @ Sandhya,
S/o Ravi.C,
Aged about 40 years
R/at C/o Thulasi,
No.85, Arch Road,
Nr.Sophia School,
Kempegowdanagar,
Laggere, Bengaluru.
Date of offence 09.08.2015
Date of report of 09.08.2015
offence
Name of the Sri.Srinivas
complainant
Date of 22.08.2017
commencement of
recording of evidence
Date of closing of 19.10.2019
evidence
Offences complained U/Sec.498A, 306 r/w
of 34 of Indian Penal Code
Opinion of the Judge Accused persons not
found guilty
3 S.C.No.593/2016
State represented by Learned Public
Prosecutor
Accused defended by Sri.M.Shashidar,
Advocate.
J UD GME N T
Kamakshipalya Police has filed charge-sheet
against the accused persons for the offences
punishable under Section 498A, 306 r/w 34 of Indian
Penal Code.
2. The facts are as under:
The deceased is the legally wedded wife of
accused No.1 and their marriage was solemnized on
03.02.1999. In wedlock, the couple got 2 children.
The accused No.1 used to quarrel with his wife over
petty issues, not paying school fees of the children
and was in the habit of leaving the house often and
often. The accused No.1 is an alcoholic and neglected
his wife and children. The accused No.2 to 5 are
4 S.C.No.593/2016
parents and siblings of accused No.1. Three months
back, the accused No.1, deceased and their children
moved to a rented house bearing No.16, 1st Floor, 4th
Main, Maruthinagar, Kamakshipalya. On 09.08.2015,
the wife of the accused No.1 had committed by
hanging and left a death note that her husband, his
parents and siblings are responsible for her death.
Hence this charge sheet.
3. The accused persons are on bail.
4. The charge has been framed against the
accused persons. The accused persons have denied
the charge and claims to be tried.
5. The prosecution has examined its witnesses as
P.W.1 to P.W.9. The documents are marked as Ex.P.1
to P.11 and M.O.1 and M.O.2. C.W.9 to 12 are given
up by the prosecution.
5 S.C.No.593/2016
6. The statement of the accused persons U/s.313
of Cr.P.C. is recorded. The accused persons have
denied incriminating evidence and not chosen to lead
defence evidence. The accused persons have
submitted the written statement U/s.313 of Cr.P.C
and produced the documents in support of their
defence.
7. Heard arguments. The learned counsel for the
accused persons is relied on the rulings reported in :-
1.ILR 1996 AIR 1107
2. 1995 Crl.L.J 2472
3. AIR 2002 SC 1998
4. 1995 Crl.L.J 2562
5. 2017 (1) AKR 298
6. 2012 (1) AIR (KAR) R 796
8. The points that arise for my consideration are:
1. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 married deceased on 03.02.1999 and thereafter, the 6 S.C.No.593/2016 accused persons with common intention treated the deceased with physical and mental cruelty, the accused No.1 had failed to look after his wife and children, habit of leaving the house, harassed the deceased and thereby committed the offence punishable under Section 498A r/w 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that on the accused persons with common intention, treated the deceased with cruelty, instigated and abetted her to commit suicide and as a result, on
09.08.2015, at about 4.00p.m, in House No.16, 1st Floor, 4th Main, Maruthinagar, Kamakshipalya, the wife of the accused No.1 had left death note and committed suicide and the accused persons are responsible for her death and thereby committed the offence punishable under Section 306 r/w 34 of IPC?
3. What order?
9. My answer to the above points are as hereunder:
Points No.1 & 2 : In the Negative Point No.3 : As per final order 7 S.C.No.593/2016 for the following:
:R E A S O N S:
10. Points No.1 & 2: Both the points involve common discussion. It is an admitted fact that the accused No.1 is a husband, the accused No.2 & 3 are the in-laws, accused No.4 is a brother-in-law and the accused No.5 is a sister-in-law of the deceased. It is not in dispute that, the marriage of the deceased with accused No.1 was solemnized on 03.02.1999. Admittedly, there was no demand and receipt of dowry.
11. C.W.1 is a father of the deceased and he deposed as P.W.1. According to him, the accused No.1 never taken care of his family. He has deposed that the accused No.1 used to consume alcohol and treated his daughter with physical and mental cruelty. He has deposed that on the day of marriage anniversary, the 8 S.C.No.593/2016 accused persons started quarrel with the deceased, assaulted her and as a result, his daughter was depressed.
12. P.W.1 has stated that, the matter went up to the police station and police advised the couple. According to him, the deceased and the accused No.1 were started to stay in a rented house at Kamakshipalya and at that time also, the accused No.1 was used to consume alcohol and failed to maintain his daughter and grand children. He has further stated on 09.08.2015, his daughter hanged herself and committed suicide. Ex.P.1 is complaint and Ex.P.2 is mahazar. According to him, his daughter had left the death note. He has identified wire and rope used by her daughter to hang herself. They are marked as M.O.1 & M.O.2. The complainant has 9 S.C.No.593/2016 identified the handwriting of his daughter in a note book. It is marked as Ex.P.3 and P.3(a).
13. P.W.1 has stated that the police seized the book and it was different from Ex.P.3. According to him, police seized one big book and it was not Ex.P.3. Learned prosecutor has treated the witness as partially hostile and cross-examined. He has denied the suggestion that, the police were seized Ex.P.3 and not the big book as stated by him.
14. The counsel for the accused persons has cross-examined. He has categorically admitted that, the accused No.2 to 5 were residing separately. He has again admitted that the accused No.1, deceased and her children were residing together in a rented house at Kamakshipalya. He has admitted that since from the date of marriage till 2014, the accused No.1 had changed seven rented houses and his daughter had 10 S.C.No.593/2016 committed suicide in 8th rented house. He has admitted that, his daughter was taking treatment at Spandana Hospital with Dr.Srinivas and Dr. Preethi. He has clearly admitted that, every month his daughter was used to visit the hospital for treatment.
15. P.W.1 has admitted that, from 2013, the accused No.1 used to accompany his daughter to Spandana Hospital. He has further admitted that, his grandson was also used to go to Spandana hospital with the deceased. He has again admitted that, his daughter was under medication. He has admitted the bills issued by Spandana Hospital.
16. The accused No.1 has produced the copy of bills and prescriptions issued by Spandana hospital and they are admitted by P.W.1. The prescription reveals that during 2013-2014, the deceased was regular in visiting Spandana Psychiatry Hospital. 11 S.C.No.593/2016 These prescriptions further discloses that she was regularly taking the tablets prescribed by Psychiatrist. It appears that the deceased was suffering from some mental illness.
17. P.W.1 has admitted that, on 15.05.2014, his daughter was admitted to K.C.General Hospital. He has admitted that, his daughter had attempted to commit suicide by consuming multiple tablets. Ex.D.1 is the discharge summary issued by K.C.General hospital, Malleshwaram. It shows that, the deceased was admitted on 15.05.2014 and discharged on 17.05.2014. It is not in dispute that, deceased had consumed 13 tablets at a time and attempted to commit suicide.
18. P.W.1 has admitted that, on 03.02.2015, accused No.1 had approached Rajagopalnagar Police and lodged complaint against his wife. Ex.D.2 is the 12 S.C.No.593/2016 certified copy of complaint lodged by the accused No.1. As per this complaint, the accused No.1 had alleged that, his wife threatened him that she will commit suicide.
19. Ex.D.3 is the statement given by the deceased before Rajagopalnagar police. It appears that on 04.02.2015, she was appeared before police and her statement was recorded. She had stated that, the accused No.1 used to call her as mental and she has been taking treatment. She had further stated that, she will lead happy marital life with the accused No.1.
20. P.W.1 has admitted that, the accused No.1 and his grandson were used to do household work, when his daughter was not well. He has admitted that, her daughter used to behave strangely and she was not normal. He has admitted that accused No.1 had provided bicycle to his grandson. The accused 13 S.C.No.593/2016 No.1 has produced the bill dated 01.11.2013 issued by Ravi Cycle Mart, Yeshwanthpur. It discloses that the accused No.1 had purchased Hero Cycle for Rs.3,700/-. The accused No.1 has also produced fee receipts issued by Sophia Public School. These receipts reveals that accused No.1 had paid school fees of his daughter Kavya.
21. From the above evidence of P.W.1, it is established that, the deceased was suffering from some mental illness and taking treatment at Spandana hospital. It is also clear that, she had attempted to commit suicide and admitted to K.C.General hospital. It is also manifest from the documents that the accused No.1 was dutiful husband and responsible father.
22. C.W.2 has been examined as P.W.2.
According to the prosecution, he was present at the 14 S.C.No.593/2016 time of seizure of Ex.P.3 and M.O.1 and 2. He has admitted his signature on Inquest panchanama and it is marked as Ex.P.4. He is a far relative of C.W.1 and he is not aware of the family affairs of the accused No.1 and the deceased. According to him, police called to present at place of incident and accordingly, he was present in the house of the accused No.1. He has stated that, police conducted Inquest panchanama at Victoria hospital.
23. C.W.3 has deposed as P.W.3. He is a friend of C.W.1. He has identified the dead body in Victoria hospital and signed on Inquest panchanama marked as per Ex.P.4. He is not personally aware of the reasons for the suicide. He has stated that, the deceased used to quarrel with her husband and hanged herself.
15 S.C.No.593/2016
24. C.W.4 is a brother-in-law of P.W.1 and he deposed as P.W.4. He is another Inquest mahazar witness. He has identified his signature on Ex.P.4. He has stated that, the deceased was depressed and committed suicide.
25. C.W.5 and 6 are the sons of C.W.1 and they have examined as P.W.5 and P.W.6. They have stated that, the accused No.1 was negligent and failed to take care of his family. According to them,the accused No.1 was used to torture their sister and as a result, she had committed suicide. During the cross-examination, both were denied the suggestion that the deceased was taking treatment at Spandana hospital for mental ailment. They were admitted that, the deceased had attempted to commit suicide and admitted to hospital.
26. It is material to note that, C.W.1 being the father of the deceased had categorically admitted the 16 S.C.No.593/2016 fact that the deceased was suffering from mental diseases and taking treatment at Spandana hospital. On the other hand, the brothers of the deceased i.e., P.W.5 & 6 were not ready to accept the mental illness of the deceased. Per contra, they were made an allegation that the accused persons are responsible for the death of their sister. The documents produced by the accused No.1 are sufficient to establish that the deceased was not normal and she was suffering from the mental diseases.
27. C.W.7 is none other than the son of the accused No.1 and he deposed as P.W.7. It is not in dispute that, he is under the care and custody of P.W.1, P.W.5 & P.W.6. Naturally, he has supported his grandfather and maternal uncles. The counsel for the accused persons has cross-examined. He has admitted that, he studied upto 10th std at Maruthi 17 S.C.No.593/2016 Convent. He has further admitted that, his father had provided him with the bicycle. He has admitted that, his mother had attempted to commit suicide and admitted to K.C.General Hospital. He has further admitted that, his father was used to sign on his progress card issued by Sri. Maruthi Convent. It is marked as Ex.D.4. It shows that during 2013-14, P.W.7 was studying in 9th std. Accused No.1 had signed in his progress report. He has admitted that, his father had changed four rented houses. He has admitted the signature of his parents on Ex.D.2 & D.3. He has denied the suggestion that, he accompanied his mother to visit Spandana hospital.
28. During the cross-examination, P.W.1 has admitted that, sometimes his grandson was used to go with the deceased for treatment and consultation at Spandana hospital. On the other hand, P.W.7 has 18 S.C.No.593/2016 denied the mental illness of his mother. It appears that, as per the instructions of P.W.5 & 6, he has deposed before the court and intentionally concealed the fact of mental illness of his mother.
29. C.W.8 has been examined as P.W.8.
According to the prosecution, he was a owner of the house in which the accused No.1 was residing with the deceased and his children. He has stated that, the accused No.1 was a tenant for a period of 4 months and during his stay, he was used to quarrel with his wife. He has further deposed that, he advised the accused No.1 on two to three occasion and after the death of his wife, the accused No.1 had vacated the rented premises. The counsel for the accused persons has cross-examined. According to him, the tenants were used to meet him to pay the rent. He has further stated that, the accused No.1 had not paid the rent of 19 S.C.No.593/2016 2 to 3 months and hence, he had been to collect the rent. He has admitted the statement recorded by the police and it is marked as Ex.D.5.
30. It appears that, only on one occasion, C.W.8 had been to the rented house of the accused No.1 to collect the arrears of rent. It means, he is not aware of the day to day affairs of the accused No.1 and his family members.
31. C.W.13 has deposed as P.W.9. He has received the complaint, reported FIR as per Ex.P.6 and conducted mahazar as per Ex.P.2. He had seized the death note, cotton rope and plastic wire used by the deceased to hang herself. He had shifted the dead body to Victoria Hospital.
32. P.W.9 has stated that, on 10.08.2015, he had conducted inquest in the presence of C.W.2 to 4 and the family members of the deceased. He had requested 20 S.C.No.593/2016 the medical officer to conduct postmortem. The request letter is marked as Ex.P.7. He handed over the dead body to the relatives of the deceased as per Ex.P.8 and appointed his staff to trace out the accused persons. He had recorded the statement of C.W.2 to C.W.4.
33. P.W.9 has deposed that, his staff were apprehended the accused No.1, produced before him, he arrested the accused No.1 and recorded his voluntary statement. He had received postmortem report. According to him, he collected marriage invitation card and photos. They are marked as Ex.P.9 to P.11. He has further stated that, accused No.2 to 5 were appeared before him with anticipatory bail order. He has completed the investigation and filed charge sheet. The counsel for the accused persons has cross- examined. He has admitted that, in Ex.P.3, there is no 21 S.C.No.593/2016 whisper about the reasons for suicide. He has admitted that, he had not sent Ex.P.3 to FSL to prove that it was written by the deceased. He has categorically admitted that, during the course of investigation, he came to know that the accused No.2 to 5 were residing separately. He has further admitted that at the time of the incident, the accused No.2 to 5 were not stayed in the house of the accused No.1 and the deceased.
34. From the above evidence and other materials on record, it is clear that the deceased was suffering from mental ailment and she was taking treatment. Moreover, I.O had not attempted to sent the alleged death note to FSL to prove that Ex.P.3(a) was in the hand writing of the deceased. In other words, Ex.P.3 and P.3(a) are not proved in accordance with law. The complainant has clearly admitted that, his daughter 22 S.C.No.593/2016 was suffering from psychiatric problem and even she had made an attempt to commit suicide.
35. It is settled law that, the court has to take into consideration, all the circumstances to know whether the prosecution has proved the case. In the present case, the accused persons have produced Ex.D.2 to show that on 03.02.2015, the accused No.1 had lodged complaint against his wife and alleged that, she used to threaten to commit suicide. Ex.D.3 is the statement of the deceased dated 04.02.2015 recorded by the police. Moreover, the additional documents produced by the accused persons further demonstrate that the deceased was taking treatment at Spandana Nursing Home and doctor had prescribed psychiatric medicines. Further, during her life time, neither the deceased nor her brothers had lodged any complaint against the accused No.1 in respect of the 23 S.C.No.593/2016 alleged cruelty, harassment and the negligent conduct.
36. It appears that, during the life time, the deceased was treated with love and affection by the accused No.1 and as such she had no grievance of any kind against her husband at any time. Probably for that reason, neither the deceased nor her parents had lodged police complaint either against the accused No.1 or his family members. Due to her mental ailment and depression, she had committed suicide. The accused persons are no way responsible to the death. Admittedly, as per postmortem report, the death was due to Asphyxia as a result of hanging. The main defence of the accused No.1 is that, the deceased was suffering from mental illness. The documents produced by the accused No.1 clearly discloses that the deceased was being treated at Spandana Hospital 24 S.C.No.593/2016 much prior to the date of incident. Therefore, the accused persons cannot be held responsible for the same. As such, I answered all the points in the Negative.
37. Point No.4: From the discussion made herein above, I proceed to pass the following:
O RDE R Acting under Section 235(1) of Cr.P.C. the accused persons are hereby acquitted of the offences punishable under Section 498A, 306 r/w 34 of Indian Penal Code.
The bail bond executed by the accused persons and the surety bond shall stand cancelled.
M.O.1 & M.O.2 are worthless and to be destroyed after appeal period.
(Dictated to the Stenographer directly on the computer, corrected by me and then pronounced in open Court on this the 1st day of March, 2023) (K.S.Jyothishree) LXXI Addl. City Civil & Sessions Judge Bengaluru 25 S.C.No.593/2016 ANNEXURE I. List of Witnesses examined on behalf of Prosecution:
P.W.1: Srinivas
P.W.2: Dinesh
P.W.3: Nagaraj
P.W.4: Srinivas
P.W.5: Kantharaju
P.W.6: Somashekar
P.W.7: Chethan
P.W.8: Ramanna
P.W.9: Gnanamurthy
II. List of Documents exhibited on behalf of Prosecution:
Ex.P.1 : Complaint
Ex.P.1(a) : Signature of witness
Ex.P.2 : Panchanama
Ex.P.2(a) : Signature of witness
Ex.P3 : Note Book
Ex.P.4 : Inquest
Ex.P.4(a to c) : Signature of witnesses
Ex.P.5 : Postmortem
Ex.P.6 : FIR
Ex.P.6a) : Postmortem Report
Ex.P.7 : Requisition Letter
Ex.P.8 : Acknowledgment letter
Ex.P.( & P.10 : Marriage Photos
Ex.P.11 : Marriage Invitation Card
26 S.C.No.593/2016
III. List of Witnesses examined on behalf of Accused:
-NIL-
IV. List of Documents exhibited on behalf of Accused:
-NIL-
V. List of Material Objects marked on behalf of Prosecution:
M.O.1 - Wire M.O.2 - Rope (K.S.Jyothishree) LXXI Addl. City Civil & Sessions Judge Bengaluru