Karnataka High Court
State Of Karnataka vs Kalyanamma on 24 February, 2014
Author: N.Ananda
Bench: N. Ananda
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 24TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR.JUSTICE N. ANANDA
CRIMINAL APPEAL No.205/2010
BETWEEN:
STATE OF KARNATAKA
BY AJJAMPURA POLICE STATION. ... APPELLANT
(BY SRI B.VISWESWARAIAH, HCGP)
AND:
1. KALYANAMMA
W/O PUTTAPPA, 47 YEARS
2. T M ROOPA
W/O GURUSHANTHAPPA, 27 YEARS
3. T H SIDDRAMAKKA
W/O LATE NANJUNDAPPA, 40 YEARS
ALL ARE R/O THYAGADAKATTE
TARIKERE TALUK,
CHIKMAGALUR DISTRICT. ... RESPONDENTS
(BY SMT.M.R.SINCHANA, ADVOCATE FOR SRIYUTHS
MUNIYAPPA & S.KALYAN BASAVARAJ, ADVOCATES)
THIS APPEAL IS FILED UNDER SECTION 378(1) & (3)
CR.P.C., PRAYING TO GRANT LEAVE TO FILE AN APPEAL
AGAINST THE JUDGMENT DATED 16.11.2009 PASSED IN
S.C.NO.74/2008, ON THE FILE OF ADDITIONAL DISTRICT &
SESSIONS JUDGE AT CHIKMAGALUR, ACQUITTING
RESPONDENTS 1 TO 3-ACCUSED 1 TO 3 OF OFFENCES
PUNISHABLE UNDER SECTIONS 408, 468, 469, 471, 420, 306 &
504 R/W 34 IPC.
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THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The respondents (hereinafter referred as 'accused 1 to 3') were tried and acquitted for offences punishable under sections 408, 468, 469, 471, 420, 306 & 504 r/w 34 IPC. Therefore, State is before this court.
2. I have heard Sri B.Visweswaraiah, learned HCGP for State and Smt.M.R.Sinchana, learned counsel for accused 1 to 3.
3. Accused 1 to 3 were tried for the following charges:-
"CHARGE That you A1 to A3 some time earlier to 16.12.2006 at Thyagadakatte Village being members of Sri Kariyamma Devi Sthri Shakthi Sangha committed criminal breach of trust in respect of Rs.33,000/- belonging to the said society and that you A1 to A3 thereby committed an offence punishable under Sec. 408 r/w 34 IPC and within the cognizance of this court.3
Secondly, that you A1 to A3 on the above said place, date and time, forged cheque no.198183 of Corporation Bank, Shivani by forging signature of deceased B.K.Manjula the President of the above said society intending that it shall be used for the purpose of cheating and that you A1 to A3 thereby committed the offence punishable under Sec. 468 r/w 34 IPC and within the cognizance of this court.
Thirdly, that you A1 to A3 on the above said place, date and time, forged the above said cheque by forging signature of deceased B.K.Manjula the President of the above said society intending that the same shall harm her reputation and that you A1 to A3 thereby committed the offence punishable under Sec.469 r/w 34 IPC and within the cognizance of this court.
Fourthly, that you A1 to A3 on the above said place, date and time, fraudulently used as genuine the above said cheque with knowledge that it is a forged document and withdrew the cheque amount of Rs.33,000/- and that you A1 to A3 thereby committed an offence punishable 4 under Sec. 471 r/w 34 IPC and within the cognizance of this court.
Fifthly, that you A1 to A3 on the above said place, date and time, cheated the above said society and deceased Manjula by dishonestly forging valuable security that is to say the above said cheque and withdrawing the amount as stated above and that you A1 to A3 thereby committed an offence punishable under sec. 420 r/w 34 IPC and within the cognizance of this court.
Sixthly, that on 16.12.2006 deceased Manjula committed suicide by consuming poison and you A1 to A3 abetted its commission by frequent mental and physical harassment by means of insulting words like "¸ÀÆ¼É ªÀÄÄAqÉ" and that you A1 to A3 thereby committed an offence punishable under Sec. 306 r/w 34 IPC and within the cognizance of this court."
4. It is not in dispute that deceased B.K.Manjula was the President of Kariyammadevi Sthree Shakti Sangha (for short, 'the Sangha') of Tyagadakatte Village. The members were 5 contributing every week a sum of Rs.10/- and accumulated fund was being lent to needy members on interest basis. The borrowers/members used to repay the amount in instalments. Sometime prior to 16.12.2006, there was a meeting of members of the Sangha and a sum of Rs.33,000/- had been accumulated from contributions made by the members of Sangha. Accused 1 to 3 had requested for grant of loan of a sum of Rs.33,000/-. Deceased B.K.Manjula being the President of Sangha and Secretary were operating the bank account. Accused 1 to 3 got signature of the Secretary of Sangha on cheque drawn for a sum of Rs.33,000/- with an assurance that they would get signature of the President of Sangha namely B.K.Manjula (since deceased). Accused 1 to 3 instead of getting signature of deceased, they forged signature of deceased and enchased cheque. Later, deceased B.K.Manjula came to know of this fact and questioned accused 1 to 3 about the act of forgery committed by them. Accused 1 to 3 denied that they had committed forgery and scolded deceased. The deceased not being able to bear 6 humiliation, consumed Benzodiazepine group of drugs on 16.12.2006. She was admitted in General Hospital at Shivani. Later, B.K.Manjula was admitted in Nanjappa Hospital at Chikmagalur. B.K.Manjula died on 19.12.2006. The post-mortem examination report revealed that her death was due to respiratory failure as a result of consumption of Benzodiazepine group of drugs. The viscera of deceased showed presence of Benzodiazepine group of drugs. The husband of deceased namely PW1-Mouneshappa lodged first information, alleging aforestated offences against accused 1 to 3 and he also alleged that accused had abetted commission of suicide by deceased.
5. After going through evidence of PW1 to PW19 and the contents of documents marked as Ex.P.1 to Ex.P.43, I find the case of prosecution that accused 1 to 3 had forged signature on cheque and drawn a sum of Rs.33,000/- from bank has not been substantiated. The opinion given by handwriting expert is not free from reasonable doubt. 7
6. PW8-C.J.Manjunatha Swamy, the then Manager of Corporation Bank, Kurubagonda, Haveri Taluk & District has deposed; on presentation of cheque, they verified signature on cheque with specimen signatures of deceased and the Secretary of Sangha, who had been authorised to operate account and found signature on cheque and specimen signatures of deceased and the Secretary were similar and passed cheque.
7. In the circumstances, it is not possible to hold that prosecution has proved beyond reasonable doubt that accused 1 to 3 had forged signature of deceased to encash cheque from bank.
8. The prosecution has alleged that accused 1 to 3 for encashing cheque by forging signature of deceased B.K.Manjula have misappropriated a sum of Rs.33,000/-. In view of my finding that prosecution has failed to prove that accused 1 to 3 had committed forgery of signature of deceased on cheque, charge relating to misappropriation of 8 funds has to be invariably answered in negative. The prosecution has not adduced evidence to prove there was any nexus between deceased consuming Benzodiazepine group of drugs and alleged incident of forgery and misappropriation. Even if it is assumed that accused 1 to 3 had committed forgery and misappropriated a sum of Rs.33,000/-, it cannot be said that accused 1 to 3 had committed aforestated offences with an intention to instigate deceased to commit suicide. There is no nexus between commission of suicide and offences of misappropriation and forgery alleged against accused 1 to 3. There is no satisfactory evidence that accused 1 to 3 were directly or indirectly responsible for consumption of Benzodiazepine group of drugs by the deceased. The learned trial Judge on proper appreciation of evidence has acquitted accused 1 to 3 of aforestated offences. There are no reasons to interfere with the impugned judgment of acquittal.
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9. In the result, I pass the following:-
ORDER The appeal is dismissed.
Sd/-
JUDGE SNN