Bangalore District Court
State Of Karnataka vs Santhosh on 10 January, 2022
KABC010038242014
IN THE COURT OF THE LXII ADDL.CITY CIVIL & SESSIONS
JUDGE BENGALURU CITY [CCH.63]
Dated: This the 10th day of January, 2022
Present: Sri. R. ONKARAPPA, B.Sc., L.L.B.,
LXII Additional City Civil &
Sessions Judge, Bengaluru City.
Sessions Case No. 506/2014
Complainant: State of Karnataka
By K.G. Halli Police Station,
Bengaluru.
Represented by Public Prosecutor,
Bengaluru.
Vs.
Accused: 1. Santhosh,
S/o Ravi,
Aged about 28 years,
R/at No. 23, Sujannagar,
Kavalbhairsandra, Bengaluru
Permanent Address
2nd Cross, Ambedkar Nagar,
KGF, Kolar District
(Dead - Abated)
2. Smt. Geetha,
W/o John Martin,
Aged about 41 years,
2 S.C.No. 506/2014
R/at No. 23, Sujana Nagar,
Kavalbysandra, Bengaluru
(A2 by Sri. M.R.C Advocate)
Date of commission of 25.05.2013
offence
Date of report of offence 26.05.2013
Date of Arrest of the 26.05.2013
Accused
Name of the complainant Smt. Roseliun
Date of commencement of 22.09.2015
trial
Date of closing of 08.04.2021
prosecution evidence
Offences complained of Under Sections 306 r/w 34
of I.P.C.
Opinion of the Judge Accused No. 2 is acquitted
acting under Section
235(1) of Cr.P.C.
(R. ONKARAPPA),
LXII Addl.City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
3 S.C.No. 506/2014 The K.G. Halli Police Station submitted charge sheet against the accused in Crime No. 279/2013 for the alleged offence punishable under Section 306 r/w 34 of I.P.C.
2. The case of the prosecution in brief is that, CW1 Smt. Roslin lodged a complaint stated deceased Gracy was her daughter. In the year of 2005 marriage of the deceased Gracy was took place with one Sangeet. Out of their matrimonial relationship the deceased begotten three children. About two years prior to lodge an complaint, the deceased was left the company of her husband Sangeeth and started to live separately at D.G.Halli, Sujananagar. About Six months earlier to lodged the complaint, the accused No.1 took the deceased and went away. In that connection wife of the accused NO.1, CW14 Smt. Savita lodged a missing complaint. On 17.05.2013, the accused No.2 brought the accused No.1 to the police station. Thereafter, deceased Gracy was took by the accused Nos. 1 and 2 to their house, wherein the accused NO. 2 hit lumber portion of deceased and try to miscarriage the pregnancy. On 4 S.C.No. 506/2014 18.05.2013 deceased Gracy was took by the accused no2 at near to CW7 Dr. Nataraj and abort the pregnancy, as the deceased already have three children. Thereafter, deceased Gracy started to home maid work in the house of CW15 and CW16 at house No.6, Ashok nagar, Shampur road and she lived in the annexed shed of the house of CW15 and CW16. On 25.05.2013 at night 10.30 pm., deceased was hanged herself and committed suicide stated not to tolerate the ill-treatment given by the accused after leave an death note. Other all allegations police have registered the case and submitted the charge sheet against the accused.
3. That, on receipt of the charge sheet, the Learned 6th A.C.M.M. took the cognizance of the aforesaid offence against the accused and the case has been registered in Criminal Case No. 51773/2013 and since the offence alleged against the accused exclusively triable by court of sessions, the Learned 6th A.C.M.M. Bengaluru, after compliance of Section 207 of Cr.P.C. committed the case against the accused to the Hon'ble Principal City Civil 5 S.C.No. 506/2014 and Sessions Judge, Bengaluru as per the Order dated 25.03.2014. That on committal of the case to the Hon'ble Principal City Civil & Sessions Judge, Bengaluru, the case was registered against the accused in S.C.No. 506/2014 and the same has made over to this Court for disposal in accordance with law. Heard argument on both side before frame the charge under section 227 of Cr.P.C. charge have been framed against the accused for the offence punishable under Section 306 r/w 34 of IPC. When read over and explained the charge to the accused, the accused pleaded not guilty and they claimed to be tried. As per order sheet dated 15.11.2018, it reported that the accused No.1 was died on 20.06.2018 and hence case against to the accused No. 1 stands abated.
4. That in order to prove the prosecution case, out of twenty nine witnesses cited in the charge sheet, the prosecution got examined eight witnesses only as PW.1 to PW.8 and got marked the documents as Ex.P1 to Ex.P8 and Ex.P8(a). The learned Public Prosecutor as per the order sheet dated 12.07.2019, in view of accused 6 S.C.No. 506/2014 counsel gave consent to got mark the inquest mahazar as per Ex.P7, evidence of CW4 to CW6 give up, accordingly evidence of CW4 to CW6 have been taken as given up. On the same day learned public Prosecutor CW14, CW16, CW20, CW22 to CW27 give up, accordingly evidence of CW14, CW16, CW20, CW22 to CW27 taken as given up. As per order sheet dated 24.01.2018 witness warrant issued against CW1 returned with the shara reporting the death of CW1, accordingly the evidence of CW1 taken to be a dropped. As per order sheet dated 04.12.2019, inspite of repeated issuance of witness warrant against to CW17, CW19, CW21 and CW29, the police have not shown interest to either to execute witness warrant or to brought the CW17, CW19, CW21 and CW29, hence prayer made by the learned Public Prosecutor for reissue the witness warrant have been rejected and accordingly the evidence of CW17, CW19, CW21 and CW29 taken as nil. Learned Public Prosecutor as per order sheet dated 24.11.2017, evidence of CW5, CW6, CW9, CW10, CW13, CW23, CW24, CW25 and CW27 give up, accordingly evidence of CW5, 7 S.C.No. 506/2014 CW6, CW9, CW10, CW13, CW23, CW24, CW25 and CW27 taken as given up. As per order sheet dated 02.02.2019 evidence of CW11 and CW12 give up. Accordingly, evidence of CW11 and CW12 taken as given up. The prosecution evidence taken as closed on 08.04.2021. The accused statement under Section 313 of Cr.P.C. have been recorded. When examined the accused under Section 313 of Cr.P.C. she denied the incriminating circumstances appearing in the evidence against to her. The Accused has not led any defence evidence on his behalf.
5. Heard argument on both sides. Perused the records.
6. Under the facts and circumstances of the case, the following Points arise for consideration of this Court is that:
1. Whether the Prosecution prove its case beyond all reasonable doubt, that the accused along with the accused Nos. 1 and 3 gave an abatement to the deceased to commit an suicide by ill-
treat the deceased and thereby, the accused No.2 have committed offence 8 S.C.No. 506/2014 punishable under section 306 r/w 34 of I.P.C.?
2. What Order?
7. Findings of the Court on the above Points are as follows:
Point No.1 - In the Negative
Point No.2 - As per Final Order, for the
following:
REASONS
8. Point No.1: As this court need to appreciate the evidence available on record, that it required to scrutinize the testimony of all witness independently, as per their oral deposition.
9. CW2 Satish examined as PW1, PW1 deposed that, his father got married two wives namely CW1 and one Mary Stella. Mary Stella is the first wife of father of PW1. Mary Stella begotten three children. His Mother CW1 have two children including the PW1 and his younger sister Gracy. Gracy got love marriage with one Sangeetha. Gracy begotten two male kids and one female kid. Husband of the Gracy namely Sangeetha, used to beaten the Gracy after he consumed the Alcohol. For that Gracy 9 S.C.No. 506/2014 left the matrimonial company of the Sangeetha and used to live separately along with her children. During the life time of Gracy, Gracy was doing house maid work, when that time, A1 took the Gracy for that A2 started to quarreled. When Gracy was took by the A1, A1 have already got married another one lady by name Savitha. For the reason A1 and Gracy lived together, wife of the first Accused lodged a missing complaint against the A1. At that time Police have took the A1 and sister of PW1 to the Police station. When that time A1 gave a statement to the Police, that he ready to go with his wife and not along with Gracy. There after Gracy used to reside in one house at Ashok Nagar by doing a house maid work and children of Gracy were used to live with PW1. On 26.03.2016 Police have intimated to PW1 that, his younger sister Gracy was died by hanging herself. When PW1 went near to the dead body PW1 noticed that Gracy had hanged herself to the ashper sheet angler, as she had resided. At beside the dead body of Gracy one death note was found, same death note stitched to her blouse by means of Pin. There 10 S.C.No. 506/2014 after Police get down the dead body. That death note was written in the language of Tamil, wherein deceased was noted that A1 and A2 responsible to the death of deceased, as the A2 miscarriage the pregnancy of the deceased. That such death note bears the signature of Gracy. A2 is the mother-in-law of A1. A3 is the brother of wife of the A1. PW1 got identified that such death note and same got marked as per Ex.P1. Translated copy of death note Ex.P1 got marked EX.P1(a). In the cross examination it elicited Gracy got the English Medium Education at Vijaya Bharathi Public School. PW1 do not know read and write. It do not know the PW1 what work that the deceased Gracy was doing at her husband house. Unequivocally admitted the suggestion no personal intraction between family of Gracy and PW1. Unequivocally admitted the suggestion that the PW1 have no information regard to personal life of deceased. Unequivocally admitted the suggestion that the deceased Gracy was depressed in her life for the reason of dispute in the matrimonial life between the deceased and her 11 S.C.No. 506/2014 husband. Unequivocally admitted the suggestion that the PW1 do not know the contents of Ex.P1(a).
10. CW7 Dr. Nataraj R examined as PW2, PW2 deposed that, he being a Medical Officer at Ganganagar Hospital, he served his service from 2011 to December 2013 at Ganganagar Hospital. On 17.05.2013 deceased Gracy came along with one lady to Ganganagar Maternity Hospital and consulted the PW2. When that time deceased Gracy stated that, that she already have two children and she carries a two and half month pregnancy and though she consumed a tablet for removal of pregnancy, that such pregnancy was intact as such that deceased Gracy requested the PW2 for removal of pregnancy. Upon such request PW2 examined the deceased Gracy and there upon it got confirmed deceased was pregnant. Thereafter PW2 send back the deceased by advised to her come with empty stomach and along with one assistant. On 18.05.2013 again deceased Gracy was came along with one lady of her relatives. PW2 registered the name of deceased in an MTP 12 S.C.No. 506/2014 register and obtained the permission of deceased in a Form No. C and did an D and C process and remove the pregnancy. PW2 got identified Form No. C, the same now at marked as per Ex.P2 and signature of the Witness as per Ex.P2(a). PW2 also got identified the signature of deceased, now same got marked as per Ex.P2(b). CW10 got filled up the Ex.P2 Form. CW8 Asha, Nurse was assisted the PW2 for abortion of the deceased. On the same day at evening 6.00 pm PW2 got released the deceased from the hospital. When at the time of removal of pregnancy of deceased CW9 Sarojamma was the staff nurse, CW13 L.N. Marry was the Aaya. On 17.05.2013, CW13 L. N. Marry inform to PW2 that, Gracy and another accompanied lady of Gracy were also the resident at the area in which CW13 was residing. On 27.05.2013, when the PW2 was in the duty, Police have came along with one lady who she was accompanying with the Gracy on 18.05.2013 for abortion of Pregnancy. Where in PW2 got identified such woman. PW2 came to know that, Geetha is the name of such lady. There after it came to know the 13 S.C.No. 506/2014 PW2 that, Gracy was committed a suicide by leaving the death note stated, accused were responsible to the life of Gracy. PW2 got identified A2 who she stood before the court. PW2 got identified medical documents pertains to abortion of pregnancy of Gracy, the same documents got marked as per Ex.P3. In the cross examination it elicited that deceased Gracy got aborted the pregnancy with her own will and wish. Since the Police stated that, name of the A2 as Geetha, PW2 know the name of Accused No.2. Also elicited signature of the Accused No.2 have not been obtained upon Ex.P2 and Ex.P3 documents. PW2 do not remember Accused No. 2 was present at the Police Station on 27.05.2013 when he went to the Police station.
11. CW8 Asha, examined as PW3, PW3 deposed that, she being a Nurse at Ganganagar Maternity Hospital, she served her service from last 9 years. PW2 Dr. Nataraj is the Gynecologist of PW3 hospital. When compare the chief examination of PW3 with the chief examination of PW2, PW3 have also equally deposed her 14 S.C.No. 506/2014 chief examination with the chief examination of PW2. As such to avoid the repetition of the same, I directly go to the appreciation of cross examination portion of PW2. In the cross examination PW3 deposed that she knew the Accused No. 2 Geetha only at the time of deceased Gracy came to the hospital along with Accused No. 2 and not prior to that date.
12. CW9 Sarojamma examined as PW4, PW4 deposed that, she being a Nurse at Ganganagar Maternity Hospital, she served her service from last eighteen years. PW2 Dr. Nataraj is the Gynecologist of PW4 hospital. When compare the chief examination of PW4 with the chief examination of PW2, PW4 have also equally deposed her chief examination with the chief examination of PW2.
13. CW 18 Dr. B. M. Nagaraj examined as PW5. Pw5 deposed that, he being Head of the Department in Dr. B.R. Ambedkar medical collage, he served his service from last 19 years. On 25.05.2013 he received one requisition from K.G.Halli Police Sub Inspector, stated to 15 S.C.No. 506/2014 conduct Postmortem examination over the dead body of Mrs. Gracy a female, aged 23 years old. On the same day he conduct Postmortem examination at hospital Mortuary between 2.00 pm to 3.00pm. Police have give one requisition form stating no. 146 (1) and (2), wherein a brief history of case mentioned. Now he got identified the said requisition, the same now got marked as Ex.P4 and Ex.P5. The body was preserved in cold storage chamber, he noted the following external features of the deceased.
1. Moderately built and nourished, wheatiesh complexion, measuring 5 feet in length, rigor mortise is present all over the body. PM staining is present over the back, lips and nail beds are bluish discolured pupils are fixed and dilated. 2. Ligature Mark: It is present obliquely over the upper part of the neck above the thyroid cartiloge measuring 26 x 2 cms. It runs upwards and backwards towards the occipital region and is absent over the left side of the neck. It is situate 6 cms from the right mastoid process and 4 cms from the left mastoid process. Skin over the ligature mark is dark brown, dry, hard and 16 S.C.No. 506/2014 parchment like. On further dissection he noted the following internal features: The membrane covering the brain intact and congested. Brain intact and congested. Cut section shows patechial hemorrhages in the which matter. On further dissection of the neck: the tissues underlying ligature mark is dry, hard pale and glistening, thyroid cartilage and hyoid bone are intact. Lungs and heard were intact and congested. In the abdomen, stomach it contains, 150 ml of undigested rice meal, No abnormality detected in the smell, mucosa was normal. Liver spleen and kidneys were intact and congested. Uterus congested, uterine contains clotted blood. Ligature material sent in is 2 duppattas, 1) dark brown colour dupatta measuring 210 x 56 cms and 2) light green colour duppata measuring 180 x 50 cms on twisting it corresponds to the ligature mark and can with stand the weight of the body. After Postmortem examination it was handed over to the police in sealed manner. In his opinion, It was ante-mortem ligature mark, the uterus was sent to Department of of Pathology for examination and 17 S.C.No. 506/2014 the report of the pathology dept. bearing No. Biopsy no. 647/13 dated 19.06.2013. Biopsy report suggested that, the decease was pregnant at the time of death and uterine contents showing the clotted blood suggesting of abortion at the time of death, however abdominal injury like conclusion could not be made out since abdomen is Yielding portion. In his opinion death was due to Asphyxia consequent to hanging. In this regard he issued Postmortem report, now he can identified the said report and same now got marked Ex.P6, his signature at Ex.P6(a). Police have asked his opinion as to whether deceased was aborted a week back to the incident and is there any injury to the abdomen. For that he gave his opinion at Postmortem report as per Ex.P6. Now he can identify the two Duppattas used for hanging when he found the same at the examine on dead body. Same are got marked herein, light green colour duppatta as MO 1 and brown colour duppatta as MO 2. Is two duppatta might have been used by the deceased for hanging. Ligature marks found are the dead body could have been 18 S.C.No. 506/2014 caused by hanging with help of M.O. 1 and M.O.2. Since Counsel for the accused not tendered the cross examination, the chief examination of PW.5 remains as unchallenged.
14. CW15 Mohammed Umar Shariff examined as PW6. PW6 deposed that he know the deceased Gracy. Deceased Gracy was doing house maid work at the house of the PW6 in the year of 2013, for that PW6 make accommodate one shed which was annexed to his house for residential purpose of deceased. On 26.05.2013, deceased was not turned up for the work. For the reason Nisar Jahan CW16 went and saw at the shed, that the deceased Gracy was committed suicide by hanging herself. The same thing have narrated by the CW16 at before the PW6. On such information, PW6 went and saw that the deceased was committed suicide by hanging herself, to that connection he informed the police. When the police narrated the reason for the suicide and leaving of the death note, it came to known to the PW6, reason for suicide committed by the deceased. In the cross 19 S.C.No. 506/2014 examination it elicited, PW6 did not saw the death note and what else wrote in the said death note. When Court questioned to the PW6 at what distance that you are saw the dead body of the deceased, PW6 answered to the question, from distance of 3 mtrs he saw the dead body of the deceased. When further questioned by the Court to the PW6, PW6 answered that he did not noticed any suicide note along with dead body.
15. CW28 Venkategowda examined as PW7. PW7 deposed that he being Assistant Sub-Inspector , he served his service at Kadagondanhalli police station from January-2012 to 30.06.2017. On 30.07.2013, CW29 deputed the PW7 to brought the cloth which was used for commit the suicide and postmortem report from Ambedkar Medical college in pertains to Crime No. 271/2013. On the same day, PW7 went to Ambedkar medical college and received one pale green cloth which was packed and sealed in an white cloth and one postmortem report from the Medical officer, he produced at before CW29 along with one report. Said report he got 20 S.C.No. 506/2014 identified, the same got marked as per Ex.P8 and signature of the PW7 as per Ex.P8(a). PW7 got identified cloths which are already got marked as per M.O.1 and M.O.2. Since the accused has not tendered cross examination to this witness, testimony of PW7 stands intact as unshaken.
16. CW3 Alfhons examined as PW8. Pw8 deposed that, CW1 Rosalin was his aunt. Deceased Gracy was the daughter of his aunt. PW8 know the accused No. 2 and 3. Accused No. 1 Deceased Santhosh was the husband of Gracy. In the first instance Gracy had got married with one Shankar. Between Gracy and Shankar there are three children, among the three children, two are female and one is male child. After left the matrimonial life with Shankar, deceased Gracy started to live with the accused No.1 Santhosh. Basically the accused No. 1 took the deceased Gracy to Tamilnadu under an elicit contact. The accused Nos. 2 and 3 get back the Santhosh and Gracy to Bengaluru from Tamilnadu. When that time, the accused Nos. 2 and 3 did the galata upon Gracy. For that, Gracy 21 S.C.No. 506/2014 left the Santhosh and started to live separately in one house at Sujananagar, Kavalubairasandra. Deceased Gracy used to work as maid in one house at Ashok nagar. Shed annexed to that an house the deceased Gracy resided. In the year of 2013, in that shed deceased Gracy was committed an suicide by hanging herself by means of saree. On one day morning in the month of May-2013, K.G. Halli police have informed through the phone, deceased Gracy was committed suicide, upon such information, PW8 went to the house in which Gracy was resided, wherein PW8 noticed that dead body of deceased Gracy was in the position of hanging. At that time, PW8 have noticed that one slip stitched to the cloth of deceased by means of Pin. In the said slip name of the accused Nos. 1 to 3 described in the language of Tamil and English. When PW8 read out death note, PW8 came to know that the accused Nos. 1 to 3 were responsible to suicide committed by the deceased. PW8 can identified said death note, the same death note already got marked as per Ex.P1. Ex.P1 death note wrote in the hand writing 22 S.C.No. 506/2014 of the deceased. Dead body was taken away to Ambedkar medical college for post mortem. Deceased used to tell in her life time at before the PW8 that the accused Nos. 2 and 3 beaten the deceased after the accused Nos. 2 and 3 have get back the deceased and Santhosh from Tamilnadu stated the accused No.1 already have children. In the cross examination PW8 unequivocally admitted the suggestion that there is no direct communication between the deceased and PW8. It elicited, PW8 know the fact of suicide only after police have stated.
17. According to the prosecution, the accused Nos. 1 to 3 with their common intention to ill-treat the deceased, the accused Nos. 1 to 3 have gave an abatement to commit an suicide by the deceased. Further, case of the prosecution that before committed the suicide the deceased left one death note as per Ex.P1. Its translated copy as per Ex.P1(a), Since offence leveled against to the accused is punishable under section 306 of I.P.C. that herein two points would arise before me for consideration, one is whether the death of the deceased Gracy was 23 S.C.No. 506/2014 unnatural and another one is death of the deceased caused under abatement of the accused.
18. In order to establish the death of deceased Gracy, the prosecution have got marked inquest mahazar as per Ex.P7 and Postmortem report as per Ex.P6. According to the prosecution, the deceased Gracy was died in between on 25.05.2013 in between 22.30 pm to 8.30 am of next day. To that respect the police have conducted the inquest upon the dead body and drawn an inquest mahazar as per Ex.P7 at before CW4 to CW6. Since the counsel for the accused gave consent to marking of the inquest mahazar as per Ex.P7, the contents of Ex.P7 stand holds good. Further, to establish the death of deceased Gracy was unnatural, the prosecution have also examined CW18 Dr. B. M. Nagaraj as PW5, who said to be conducted the postmortem over the dead body of deceased Gracy. According to testimony of PW5, over the dead body PW5 have conducted postmortem. In that connection PW5 issued postmortem report as per Ex.P6 and signature of the witness as per Ex.P6(a). Further PW5 have opined that 24 S.C.No. 506/2014 the deceased was committed a suicide by means of M.O.1 and M.O.2 Duppattas. As such PW5 further opined that ligature marks found on the dead body could have been caused by hanging with the help of M.O.1 and 2. Since the counsel for the accused have not tendered any cross examination upon the chief examination of PW5 and upon the Ex.P6 document, the testimony of PW5 is here remains as unchallenged and therefore that I hold that the prosecution have prove its case that the death of the deceased Gracy was one with unnatural and not natural.
19. Another important point incumbent on part of the prosecution required to prove is, whether the accused abated the deceased to commit the suicide. Before I go through the virtual facts available on record, I firstly gone through the meaning of abatement as contemplated under section 107 of Indian panel code. Hence, Section 107 of Indian Penal Code is hereby extracted
107. Abetment of a thing A person abets the doing of a thing, who - First - Instigates any person to do that thing; or 25 S.C.No. 506/2014 Secondly - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing or Thirdly - Intentionally aids, by any act or illegal omission, the doing of that thing;
20. Case on hand charge of the prosecution that the accused have abated the deceased to commit an suicide. To testifying that an fact the testimony of PW6, PW8 and PW1 have take more significant role. To find out the truth on charge leveled against to the accused, it necessary me to record the facts which are not disputed by the accused. The accused have not disputed, deceased Gracy was got married with one Sangeetha and she begotten three children. Further the accused have also not disputed that the deceased Gracy left the matrimonial company of Sangeetha and started to living together with the Accused No.1. For that the accused No.1 took the deceased to Chennai. After the accused No.1 and deceased was took 26 S.C.No. 506/2014 back from Chennai to Bengaluru, the deceased Gracy was started to live in one shed which was annexed to the house of PW6, as the deceased used to do an work of home maid at the house of PW6. It is particular charge of the prosecution against to accused Nos. 1 to 3 that as the deceased have already three children that the accused Nos. 2 and 3 have not interest to carry the pregnancy by the deceased, as such the accused No.2 being a mother- in-law of accused No. 1, accused No.3 being in-law of accused No.1, accused Nos. 2 and 3 beaten upon lumber portion of the deceased and attempt to miscarriage the pregnancy. Hence according to prosecution accused No 2 took the deceased at near PW2 Dr. Nataraj to abort the pregnancy. PW2 being a doctor he abort the pregnancy of deceased Gracy. PW3 and PW4 being nurse, PW3 and PW4 assisted to abort the pregnancy of deceased. As per testimony of PW2, PW2 obtained permission from the deceased to abort the pregnancy in a Form No. C. The same Form No. C got marked as per Ex.P2 and signature of the PW2 got marked as per Ex.P2(a). PW2 also got 27 S.C.No. 506/2014 identified the signature of the deceased available on Ex.P2 Form No. C, the same signature got marked as per Ex.P2(b). as per testimony of PW3, PW3, deceased Gracy and the accused No.2 belonged to the resident of same area, PW2 know the accused No.2 through the PW3. As per testimony of PW2, firstly the deceased came near to the PW2 for abortion, PW2 advised to the deceased come with empty stomach along with one assistent. There after the accused No. 2 came along with the deceased Gracy for abort the pregnancy. When go through cross examination portion of PW2, it elicited through the mouth of PW2 since the deceased attain the age of 18 years and deceased gave her consent voluntarily to abort the pregnancy, PW2 abort the Pregnancy of the deceased. Further, in the cross examination it elicited name of the accused No. 2 came to know to the PW2 as Geetha at the instance of police. Also elicited signature of the accused No. 2 Geetha have not been obtained upon Ex.P2 and Ex.P3 documents. When go through the cross examination portion of PW3, it elicited through the mouth of PW3, PW3 28 S.C.No. 506/2014 know the accused No. 2 Geetha at first instances at the time the accused NO.2 was accompanied to the deceased and came for abort the pregnancy and not earlier to that. When examined the oral testimony PW2, PW3 and PW4, abortion of pregnancy of deceased by the PW2 to PW4, though not much disputed, the arrival of accused No. 2 along with the deceased to the hospital of PW2 to PW4 creates a doubt. if once the accused No 2 was accompaind for the alleged abortion, PW2 could have more chance to obtain an signature to the Ex.P2 and Ex.P3 documents. As such though prosecution proved the contents of Ex.P2 and Ex.P3 documents, prosecution herein failed to prove arrival of the accused NO.2 along with the deceased at before the PW2 for alleged abortion.
21. Case on hand further allegation of the prosecution case that the accused Nos. 1 to 3 ill-treated the deceased, thereby the deceased have committed suicide after she left one death note as per Ex.P1 stating the accused Nos. 1 to 3 are responsible to cause death of the deceased. Case on record as per order sheet dated 29 S.C.No. 506/2014 15.11.2018, it reported that the accused No.1 was died on 20.06.2018 and case against to the accused No. 1 stands abated. Now the point before me that the accused Nos. 2 and 3 are responsible to cause death of the deceased and the accused Nos. 1 to 3 ill-treated the deceased. As per testimony of PW6 Mohammad Umar Sharif, PW1 Satish and PW8 Alphons, during the last life time of the deceased, the deceased was used to reside at the house of PW6. On 26.05.2013, since the deceased was not returned to the home maid work, CW16 Nisar Jahn went and seen that the deceased was hanged herself to the angler fixed to ashper sheet roofing shed by means of two duppattas. When PW6 noticed such an fact, PW6 informed the same to the police. On the same day the police have also intimated the fact of hanging by the deceased to PW8 Alphons, PW1 Satish and CW1. According to testimony of PW8, police have informed to the Pw8 stated deceased Gracy was committed suicide. Upon such information, PW8 went and saw there and noticed that dead body was in the position of hanging and one slip has 30 S.C.No. 506/2014 been stitched to the cloth of the deceased by means of Pin. The same slip got identified by the PW1 as Ex.P1. According to the prosecution Ex.P1 is the death note and Ex.P1(a) is the translated copy of Ex.P1 death note. No doubt PW1 and PW8 have stated that the deceased have left the Ex.P1 death note before she committed the suicide. But after go through the cross examination portion of PW6, PW6 stated that he has not found any suicide note with the deceased even he saw the deceased dead body at near 3 feet distance. As per the prosecution PW6 is the first informant. As per the information gave by the PW6, CW1, PW1 and PW8 came to the spot.
Thereafter, CW1 who said to be mother of the deceased lodged a complaint. When compare the testimony of PW1 and PW8 with the testimony of PW6, existence of Ex.P1 death note is totally material contradict. Further PW8 in his cross examination unequivocally admitted the suggestion that the PW8 being a cousin brother of the deceased that he have no personal intraction between the deceased and PW8. As per cross examination of PW1, 31 S.C.No. 506/2014 PW1 also unequivocally admitted the suggestion family of deceased Gracy have no personal interaction with the PW1. Further PW1 unequivocally admitted the suggestion that the PW1 do not know the personal life of the deceased. PW1 also equally admitted the suggestion, deceased Gracy have a dispute with her husband therefore she committed suicide.
22. Now another one fact remains before me for consideration that whether the prosecution can bring home the guilt against the accused as per Ex.P1 death note. To ascertain that an fact, Ex.P1 and Ex.P1(a) document is take more vital role to decide the fact in issue. As per the testimony of PW1 and PW8 that the deceased was committed suicide after left one death note as per Ex.P1 and its translated copy as per Ex.P1(a). Since the Ex.P1 wrote in the language of Tamil, the prosecution got translated the contents available on Ex.P1 document through one advocate by name N. Shridhar into Kannada Language. After go through Ex.P1(a), Ex.P1(a) speaks that 32 S.C.No. 506/2014 cause of committed the suicide by the deceased for the reason accused NO. 1 Santhosh spoil the life of the deceased. The accused No. 2 Geetha kick a blow on her lumber portion and kill the pre-born child. The accused No. 3 Anthony after cheated the deceased brought to the village. Now another fact in issue arise before me that, whether the investigating officer have been seized Ex.P1 death note in accordance with law or not. To find out such an fact unfortunately Investigating officer not turned up to examine at before the Court. As such the existence Ex.P1 and Ex.P1(a) death note will creates doubts on prosecution case. The same doubts is herein extended to the accused. Hence, I have answered point No.1 in the negative.
23. Point No.2: - In view of the reasons discussed in Point No.1, I proceed to pass the following:-
ORDER Acting under Section 235 (1) of Cr.P.C, Accused No. 2 is acquitted in respect of the offence punishable under Section 306 r/w 34 of IPC.33 S.C.No. 506/2014
In compliance to section 437(A) of Cr.P.C accused executed a personal bond and surety bond, same shall be continued for period of 6 months from today in anticipation any notice of any appeal or petition filed against the Judgment of this court.
M.O.1 and 2 which are worthless are ordered to be destroyed after appeal period over.
(Dictated to the Stenographer, transcribed and computerized by her, printout taken thereof is corrected, signed and then pronounced by me in Open Court on this the 10th day of January, 2022).
(R. ONKARAPPA) LXII Addl. City Civil & Sessions Judge, Bengaluru City.
ANNEXURE
1. List of witnesses examined on behalf of :
(a) Prosecution side:-
P.W.1 Satish
P.W.2 Dr. Nataraj R
P.W.3 Asha
P.W.4 Sarojamma
P.W.5 Dr. B.M. Nagaraj
P.W.6 Mohammad Umar Shariff
P.W.7 Venkate Gowda
P.W.8 Alphons
34 S.C.No. 506/2014
(b) Defence Side: NIL
2. List of exhibits marked on behalf of :
(a) Prosecution side:-
Ex.P1 Death Note
Ex.P1(a) Translated Copy
Ex.P2 Form C
Ex.P2(a) Signature
Ex.P2(b) Signature
Ex.P3 Obstetric Case sheet
Ex.P4 Requisition for Postmortem
Ex.P5 Report
Ex.P6 Wound Certificate
Ex.P6(a) Signature of PW5
Ex.P7 Inquest Mahazar
Ex.P8 Report
Ex.P8(a) Signature of PW7
(b) Defence Side: - NIL -
3. List of material objects: -
M.O.1 - Light green colour duppatta
M.O.2 - Brown colour duppatta
(R. ONKARAPPA)
LXII Addl. City Civil & Sessions Judge,
Bengaluru City.