Bangalore District Court
State Of Karnataka vs P.K. Armugam @Muruga on 29 May, 2020
BEFORE THE CLOSURE PERIOD JUDGE
AT BENGALURU
IN THE COURT OF THE LIII ADDITIONAL CITY CIVIL &
SESSIONS SPECIAL JUDGE
BENGALURU
DATED THIS THE 29th DAY OF MAY, 2020
-: PRESENT :-
S.H.PUSHPANJALI DEVI, B.A. LL.B.,
LIII Addl. City Civil & Sessions Special Judge,
Bengaluru.
S.C. No. 1199/2014
Complainant : State of Karnataka
C. K. Acchukattu Police Station,
Bengaluru
[Rep. by Public Prosecutor]
/ Vs /
Accused : P.K. Armugam @Muruga,
S/o P. Kumar,
Aged about 37 years,
No.45, Ayyappaswamy Temple Road,
Chennamanakere Layout,
3rd Block, T.R.Nagara,
Bengaluru.
[Rep. by Mr. BWS -Advocate]
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TABULATION OF EVENTS
1. Date of Commission of
Offence : 12/3/2012
2. Date of Report of
Offence : 12/3/2012
3. Date of Arrest of
Accused : 14/3/2012
4. Date of Release of
Accused on Bail : 31/3/2012
5. Period undergone by
the Accused
Police custody : 4 days
Judicial Custody : 14 days
6. Name of the Complainant : Sri. Ugranarasimha @ Satish
7. Date of Commencement
of recording evidence : 22/6/2015
8. Date of closing of
Evidence : 23/1/2018
9. Charges framed : Sections 376 and 306 of IPC.
10. Opinion of the Judge : As per final Order
(S.H.PUSHPANJALI DEVI)
LIII Addl. City Civil & Sessions Special Judge,
Bangalore.
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S.C. No. 1199/2014
JUDGMENT
This Charge Sheet is filed by the Police Inspector of Channamanakere Acchukattu Police Station, Bengaluru City, against the Accused for the offences punishable under Sections 376 and 306 of IPC .
2. The brief facts of the case of the Prosecution are that, the Complainant with his wife and son was residing at Vatara No. 45, Iyyappa Swami Temple Road, Channamanakere Thayagarajanagar, Bengaluru belonging to the Accused, since 12 years from 2012. During that period the Accused was also residing in the same Vatara and had committed Rape on the wife of Complainant Smt. Yogavathi @ Baghyamma forcible without her consent, whenever she was alone at home. Therefore, she had suffered both mentally and physically, afterwards committed suicide in the house 4 S.C. No. 1199/2014 by hanging herself on 12-03-2012 by leaving Death Notes.
3. The Complainant Sri. Ugranarasimha, the husband of deceased Yogavathi gave Complaint to the Chennammanakere Acchukattu Police Station on 12-03- 2012 and case is registered in Crime No. 77/2012 for the offences punishable under Sections 376 and 306 of IPC . The Accused was arrested and produced before the Magistrate on 15-03-2012. He was given to Police Custody for 5 days, as requested by the Investigating Officer till 19-03-2012. Afterwards, on 18-03-2012 he was produced in the Home Office and remanded to Judicial Custody.
4. Subsequently, the Accused was represented through the Counsel and granted bail by the FTC-I in Cril.Mis. No. 1340/2012 on 31-03-2012 and released on 02-04-2012 after furnishing surety and executed bail bond before the Trail Court.
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5. The Investigating Officer after completing the Investigation has filed Chargesheet against the Accused for the offences punishable under Sections 376 and 306 of IPC. The Trial Court after taking Congizance of the said offences, case was registered in C.C. No. 21710/2014. The copies of the Chargesheet served to the Accused on 25-08-2014. Subsequently, the Trial Court has complied Section 209 of Cr.P.C. and on 10-09-2014 committed the case to Principal City Civil and Sessions Judge, City Civil Court Bengaluru.
6. Subsequent to receiving the Committal Records, the case registered in S.C. No. 1199/2014 and made over to CCH-55 for disposal in accordance with law. After hearing arguments of both sides the said Court has framed Charge against the Accused for the offence punishable under Section 376 and 306 of IPC . 6
S.C. No. 1199/2014
7. Subsequently, after recording the evidence of Pws 1 to 3, on 16-08-2017 in view of the Notification No. ADM - 1(a)/630/2017, dated: 12-08-2017, the case has been transferred to this Court for final disposal, in accordance with law.
8. This Court after receiving the records has continued the proceedings. The Prosecution has examined in total 12 witnesses out of 27 as PWs 1 to 12, including the additional witness Scientific Officer. The documents are marked as Ex.P-1 to P-28. 1 and 1(a). Ex.P1(a)(b), 2(a), 3(a), 4(a)(b), 5(a), 6(a), 8(a), 17(a)(b)(c), 19(a)(b), 20(a)(b), 21(a)(b), 22(a), 23(a), 24(a), 25(a)(b)(c)
(d), 26(a), 28(a). The Material are marked as Mo 1 to 6. The learned Public Prosecutor has given up CWs 3, 7, 14, 18 and closed the evidence of Prosecution.
9. The Incriminating Circumstances in the evidence of the Prosecution witnesses has been read over to the Accused under Section 313 of Cr.P.C. He has 7 S.C. No. 1199/2014 denied the entire evidence and not chosen to lead any defence evidence on his behalf.
10. Heard, the arguments of learned Public Prosecutor for the State and the learned Counsel for the Accused on merits.
11. The points for my consideration are :
1. Whether the Prosecution proves that the Accused being Land Lord of Vatara No. 45, at Thyagarajanagara, Channammakere has committed Rape on the wife of Complainant Smt. Baghyamma @ Yogavathi, when she was residing with her husband and son?
2. Whether the Prosecution proves that due to the Rape Committed by the Accused, she has suffered physical and mentally, thereafter committed suicide by hanging herself in the house on 12-03-2012 and left a Death Note?
3. Whether the Prosecution proves that the Accused has committed the offences punishable under Sections 376 and 306 of IPC . ?
4. What Order?8
S.C. No. 1199/2014
12. My findings on the above points are as under:-
Point No. 1 : In the Negative
Point No. 2 : In the Negative
Point No. 3 : In the Negative
Point No. 4 As per final order
for the following.
REASONS
13. Point Nos.1 and 2 : These points are taken
together for common discussion to avoid the repetition.
14. In order to prove the offences alleged against the Accused, Prosecution has examined the Complainant Ugranarasimha, the husband of the deceased is examined as Pw1. He has deposed that, on 12-03-2012 his wife has committed suicide by hanging herself, when they were residing in the House No. 45 at Channammanakere owned by the Accused. According to him, prior to 12 years from the date of her death, they were residing in the said house on rent. On 9 S.C. No. 1199/2014 12-03-2012, he had been to his work at 7.30 AM, later at bout 5.30 PM, son of his brother and neighour Manikanta came near to his work place and urgently took him to the house. Immediately he rushed to the house and saw the front door of his house was broken and inside the house the dead body of his wife was kept.
15. He had enquired with his son, as per information given by him, after he returned to home from school at about 5.30 PM, even after knocked the door, his mother did not open it, therefore after he peeped through the window saw his mother found hanging to the sheet of the roof.
16. Subsequently, the neighbour were taken out the dead body of his wife and two chits were found in the house, which were in the handwriting of his wife. After reading those chits, he has made out that the Accused tried to Rape her, at that time, she slapped him. Afterwards, the Accused was also attempted to Rape 10 S.C. No. 1199/2014 another women namely Shanthi, who was the resident of same Vatara. On the basis of those chits, he gave Complaint to the Police, which is identified as Ex.P1 and his signature is marked as Ex.P(a). The chits were said to be written by his wife are marked as Ex.P2 and 3, the signatures of his wife identified by him and marked as Ex.P2(a) and Ex.P3(a) respectively.
17. He has further deposed that, the Police visited his wife at about 6.30 to 7 PM and conducted the Mahazar at the spot shown by him, after seizing Five chits as well as broken door taken photographs of the spot. He has also identified the handwriting of his wife in those chits are marked as Ex.P4 to 8. However, one of the chit Ex.P7,though identified as in the handwriting of his wife, it doesn't bear her signature. He has identified the photographs of dead of his wife are marked as Exs.P9 to 16. The spot Mahazar is marked as Ex.P17 and his signature is marked as Ex.P17(a). The broken wooden piece of the door of his house, the cloth used by his wife for hanging herself and the blue color plastic 11 S.C. No. 1199/2014 chair were also seized by the Police are identified and are marked as Mos 1 to 3. He has further identified the cloths of his wife, the nighty, Peticoat and Bra are marked as Mos 4 to 6.
18. PW1 has further deposed prior to 2 to 3 months of her death, she was going to the work, afterwards due to her ill health she stopped it and she always seems to be under depression. He has further said that during that time, she was not behaving properly, if any questions asked her, she was telling that Evil Spirit has caught hold her. Therefore, he had taken her to many temples for performing Pooja and also Hospital for treatment.
19. In the Cross-examination, he has admitted that his marriage with the deceased wife was arranged by elders and they were residing in the rented hose at Vatara with other residential houses owned by the Accused. He was paying rent of Rs. 1,200/- per month. During that time, his wife was going to the work in the 12 S.C. No. 1199/2014 Company namely Amrutha Aromatic Agarabathi, when she was having good health, but stopped it after she became ill. He do not know the reason for her suicide, but stated that due to her ill health, they used to go the temples as she was under the impression that, Evil Spirit might have caught hold her. He is also said that, she was taken to many hospitals for treatment by the Doctors for her illness.
20. PW1 has categorically admitted that his deceased wife was suffering from mental illness. He had noticed her that she used to scream loudly, making on and off the gas, fan and beating them, whenever they questioned about her abnormal behavior.
21. Though PW-1 has stated about two chits were found by the side of dead body of his wife, when the Police visited the spot and lifted the bed, they found other 5 to 6 similar chits. But, he do not know when those chits were written by his wife. However, he has shown ignorance about those chits and said that 13 S.C. No. 1199/2014 some were written in red ink boll pen and some were written black ink. He was also made known from those chits about when his wife slapped the Accused after seeing attempt made by him to Rape another women Shanthi, he was also slapped his deceased wife.
22. He has further denied for the suggestion that, the letter Ex.P3 found in the house of one Basavaraju, prior to one week from the date of death of his wife. But, admitted only after reading the said letter he had come to know about the Rape committed by the Accused on his wife.
23. The important admission made by him is that, prior to one week from the date of death of his wife, she made an attempt to commit suicide by consuming the poison, at that time she was admitted to the Kathriguppa Hospital and Police have registered the MLC case. However, the Police did not register any case as she was suffering from mental illness. Further, she was also admitted in the same Hospital for one week on 14 S.C. No. 1199/2014 the advise of the Doctor for taking treatment to nerves weakness as she was thinking about some other matter, which was kept in mind. He has denied the quarrel took between himself and his wife prior to her death.
24. Further, he has stated that not aware of the date or period, when actually his wife had written 8 letters, the death notes. The letter dated: 21-11-2008 confronted to him is admitted that, which is Resignation Letter given by his wife for resigning the job. According to him, even after giving a Resignation Letter, she was going to the work. The said Resignation Letter is marked as Ex.C1. The suggestion put to him relating to the endorsement shown in the document Ex.P4 indicates about Rape committed on his wife, is however denied, but said that she had committed the suicide only for the reason that Rape had been committed by the Accused on her.
25. The son of the deceased Mr. Hemanth Kumar is examined as PW2. He has 15 S.C. No. 1199/2014 admitted that during the year 2012 they were residing in the rented house at Channammana Kere belonging to the Accused. At that time he was studying 10 th Standard and his mother, the deceased was working in the Agarabathi Factory and his father was working in the Garment Factory. He has deposed that, on 12-03-2012 at about 9 AM he went t the School and his mother was alone at home. He returned from the School at about 4 PM and saw the door was locked from inside and it was not opened in spite of knocked by him. After he peeped through window, inside the house his mother was hanging to the sheet of the Roof. Immediately, he broken the door along with the neighbour went inside the house, taken out the body of his mother and made to lie on cot, by that time she was dead. After, he gave information to his uncle and other relatives, they came immediately. However, he has also noticed 2 to 3 letters on the table kept by the side of dead body of his mother. Those letters were identified as written by his mother bears her signature, which were marked 16 S.C. No. 1199/2014 through PW1 as Ex.P2 and 3. He has further stated about in those letters his mother disclosed about the harassment given by the Accused not only to her, but also to one Shanthi, wife of Basavaraju, who were also residing in front of his house. Therefore, only on the basis of said reason mentioned in the letter, his mother had committed suicide by hanging herself, as noted in the chit found by the side of her dead body.
26. Subsequently, his father gave Complaint to the Police and they visited the spot and taken photographs of dead body his mother as per Exs.P9 to
16. The cloth used by his mother for hanging herself, broken wooden peace and plastic chair with other materials sized by the Police are identified as Mos 1 to
6. He has identified the handwriting of his mother in the letter Ex.P7 and affirmed that only due to the Sexual Harassment given by the Accused to his mother, she had committed suicide.
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S.C. No. 1199/2014
27. In the further Cross-examination PW2 has shown ignorance about the previous attempt made by his mother to commit suicide, but denied that his mother was suffering from mental illness. He was aged about 19 years as on the date of his evidence recorded by the Court, but he was minor as on the date of suicide committed by his mother. His evidence deposed before the Court go to establish that only on the basis of writings found in the letters wrote by his mother, said that she was Raped by the Accused. Therefore, the same will indicates that he had no personal knowledge of alleged Rape committed by the Accused on his mother as written in the letters.
28. The important witness Smt. Shanthi is examined as PW3. She was also residing in the same Vatara with her husband during 2012, belonging to the Accused. She has deposed that, there were 7 houses, out of which the Accused was residing in one of the house remaning 6 houses were given on rent to others. At the same time the Complainant with his wife and son 18 S.C. No. 1199/2014 were residing in house situated in front of her house. Her husband was working in the Kalyan Garden, the Complainant was working in the Garment Factory and his wife was going to Agarabathi Factory. According to her, the wife of the Complainant had committed suicide, but she did not know the reason. She has further stated that during the same period, she was pragnent went to her mother's house and stayed for a period of one and half month, therfore not aware of the incident. She is also not aware of the allegations of Rape made againt the Accused and she did not also give any Statement againt him before the Police. Therefore, she is turned hostile and Cross-examined by the learned Public Prosetor.
29. In the Cross-examination, she has not admitted the contents of her Statement given before the Police as per Ex.P18. The said Statement says that the Accused was having evil eye on other ladies staying at Vatara, without any reason he was talking with them, going around them and touching their bodies, is 19 S.C. No. 1199/2014 however not admitted. She has categorically denied the intention of the Accused to commit Rape on her, which was brought by the deceased to her husband, therefore he sent her to the parents house. She has futher denied the information given by he husband on 15-03-2012. The reason for suicide committed by the deceased as she was not able to tolarate the Sexal Harassment given by the Accused, as per the Statement given by her. But, she has denied it, therefore, the said relevant portion in her Statement is marked as Ex.P18.
30. Another witness Sri. Basavaraju is examined as PW5. He is the husband of PW3 Smt. Shantha and both of them were residing in the rented house of same vatara belonging to the Accused and knew the deceased Yogavathi, the wife of the Complainant. According to him, the Accused was also residing in one of the houses in the same Vatara. The deceased told him to take care of his wife as the Accused was having eye will on her. That time his wife was pregnent, therefore she was sent to her parents houses for delivery. He has further 20 S.C. No. 1199/2014 deposed that, a chit was found by the side of front door of his house, in which written that, the Accused having evil eye on his wife. He gave the said chit to the Complainant, which is identified under Ex.P3. However, when his wife returned after delivery, the wife of Complainant was dead.
31. In the Cross-examination, he has admitted previously he was residing in the rented house belonging to the Accused for about 2 years, which was situated in front of the house of deceased. Therefore, he was able to hear any kind of sound or noice from her house. He has particularly said that, the deceased never disclosed with him about the Rape committed by the Accused on her. But, prior to 15 to 20 days of her death, told that Accused was having evil eye on his wife, which was informed by him to the husband of the deceased. According to him, the Accused never mis-behaved with his wife and do not know, how the chit Ex.P3 kept by the side of the door of his house.
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S.C. No. 1199/2014
32. However, PW-5 has deposed that the Accused was asking the Complainant to vacate the house as his wife behaving in abnormal manner under the impression of evil Spirit caught hold her. He has further stated about mental illness of the deceased, who was not feeling well therefore, her husband was taking her to the Hospital for treatment. He has also admitted the poison consumed by the deceased and she was admitted in the Hospital prior to 15 days from the date of her death.
33. Further it is elicted that that Accused was residing with his wife and mother in the adjacent hosue of the deceased. The health condition of deceased was not good, therefore, he was forcing her husband to vacate the house. However, this witnesses had vacated the house belonging to the Accused and shiffted to some other house, subsequently he had come to know the suicide committed by the deceased. According to him, he gave the chit Ex.P3 to husband of the deceased prior to 15 days from the date of her death. 22
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34. The owner of the Agarabathi Factory Sri. T.V. Subramanya Shetty is examined as PW6. He has deposed that, the deceased Yogavathi was working in his factory as a packer, after some time she had left the Factory. He has handedover the service particualr of her with the Resignation Letter given by her to the Police when they conducted the Seizer Mahazar as per Ex.P20 and his signature is marked as Ex.P20(a). He has also identified letter given by him as per Ex.P21 and his signature is marked as Ex.P21(a). The Resignation Letter given by the deceased is identified under Ex.C1 and his signature is maked as Ex.C1(a).
35. In the Cross-examination he has admitted not remember to say the place of Seizer Mahazar conducuted by the Police as Ex.P20. The contents of the Letter given by him as per Ex.P21 with regard to the deceased worked in his Factory initially from 1997 to 2008, again she joined in the year 2009 worked till her death are admitted. He is had also said that, she attended the Factory, prior to 1 day of her death. 23
S.C. No. 1199/2014 Though he has identified the Resignation Letter Ex.C1, which was said to be brought herself she did not put her signature in front of him. However, he had denied the false and created documents relating to the deceased were produced before the Police.
36. The witness Sri. Ramachandra is examined as PW7. He has identified the Mahazar conducted by the Police in the house of Accused as per Ex.P17 and his signature is marked as Ex.P17(b). He is also said that that at the time of Mahazar, the dead body for the deceased was kept on the bed, as she had committed suicide. The Death Notes said to be in her handwriting are identified under Ex.P4 to 8, which contains the reason for her suicide due to the harassment given by the Accused. He has identified the Plastic Chair and wooden peace marked as Mos1 and 3.
37. In the Cross-examination, he has stated that the Police informed the reason for suicide of deceased due to harassment by the Accused. He has denied for 24 S.C. No. 1199/2014 the suggestion that, signature put by him to the Mahazar in the Police Station and no Death Notes were seen by him and also not seized by the Police in his presence.
38. The witness Mr. Shivakumar is examined as PW9. He is the brother of deceased has deposed about suicide committed by her in the house by hanging, which was made known to him by his brother-in-law, the Complainant. Afterwards, he had come to know about the death note left by her, when he went to see her dead body. Later, her dead body had been taken to the Hospital in the Ambulance. He was also come to know about the Rape committed by Accused on another girl, which was questioned by deceased, as he slapped on her cheek, she had committed suicide by hanging herself.
39. In the Cross-examination, he has stated that soon after knowing about the death of his sister, rushed and saw her dead body was kept on the cot, came to 25 S.C. No. 1199/2014 know that Death Note left by her. He did not know about she had consumed poison prior to 15 days from the date of her death and shown ignorance about the treatment taken by her for the mental illness.
40. The A.S.I. Mr. H.A. Vijayandra is examined as PW8. He had received the Complaint by the Complainant on 12-03-2012 and registered the case in Crime No. 77/2012 for the offence punishable under Sections 376 and 306 of IPC. The said Complaint is identified under Ex.P1 and his signature is marked as Ex.P1(b). The FIR is marked as Ex.P24 and his signature is marked as Ex.P24(a). In the Cross-examination, he has identified the two chits Ex.P2 and 3 and said that those chits were brought by the Complainant along with the Complaint.
41. The Police Inspector Mr. S.K. Malathesh is examined as PW11. He has conducted further Investigation after receiving case file from ASI and visited the Spot. He has verified the spot in the 26 S.C. No. 1199/2014 presence of Complainant, Panchas and drawn the Mahazar as per Ex.P17 and his signature is marked as Ex.P17(c). He had also seized Plastic chair and wooden piece from the Spot marked as Ex.P-1 to 3. On the same day, the dead body of the deceased sent to the KIMS Hospital. Subsequently, he has conducted the Inquest Mahazar as per Ex.P19 and his signature is marked as Ex.P19(b). The Post-Mortum Report identified under Ex.P22 and the Medical Certificate of Accused as Ex.P23, his signature in both the said documents are marked as Ex.P22(a) and Ex.P23(a) respectively.
42. Further, he has seized the cloths found on the dead body of deceased, were collected by the Doctor at the time of Post-Mortum are Nighty, Peticoat and Bra are marked as Mos 4 to 6. The Sample Seal annexed to the FSL Report is marked as Ex.P27. In the Cross- examination, the admission made by him with regard to the deceased had consumed poison and admitted to the Hospital prior to 15 days of her suicide and discharged on 11-03-2012.
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43. The Police Inspector Mr. B.K. Shekar is examined as PW10. He has conducted further Investigation and sent the documents which were collected by PW11 during Investigation to FSL. Afterwards, he has completed the Investigation and filed the Chargesheet against the Accused. Subsequently, on 29-09-2014 he had received the FSL Report as per Ex.P25 bears his signature is marked as Ex.P25(a). He has denied false FSL Report filed before the Court.
44. One of the witness for Inquest Mahazar Mr. Karthik. S is examined as PW4. He is aware of Accused and deceased, who were residing at his previous residential place of area at C.K. Acchukattu. He has identified the Inquest Mahazar Ex.P19 and his signature is marked as Ex.P19(a). According to him the said Mahazar drawn near the Mortuary of KIMS Hospital and he put signature to it at the same Spot. He has further deposed that, death note left by the deceased 28 S.C. No. 1199/2014 about the Rape committed by the Accused on her and the same was informed by the Police.
45. In the Cross-examination, he has admitted that the son of the deceased was his childhood friend informed about death of his mother. He has denied the signature put by him to the said Mahazar in the Police Station and false evidence given before the Court.
46. The Scientific Officer Smt. Zeenath. M is examined as PW12. She was working as In Charge Senior Scientific Officers at Forensic Lab at Madivala, had received Sealed Articles from C.K. Acchukattu Police Station and they were subjected to Chemical examination. Subsequently, she had received the F.S.L. Report as per Ex.P25 and her signature is marked as Ex.P25(b), the Sample Seal is marked as Ex.P25(c) and her signature as Ex.P25(d). She is also examined Questioned Signatures and Writing of the deceased are marked as QS - 1 to 6, Q - 1 to 8 respectively. She has stated that, the admitted Signatures and Writings 29 S.C. No. 1199/2014 marked as SS - 1 to 4 and SW - 1 are of the same person. She has given reasons for her Opinion separately, which is marked as Ex.P28 and her signature as Ex.P28(a). The written portion behind the document Ex.P4 shown as Q - 8 is identified by her and marked as Ex.P4(b).
47. In the Cross-examination, she has admitted that, the Writings and signature of the deceased though examined by her, not able to say whether those were related to the period from the year 2008 to 2012. She has clarified for that due to non availability of materials in the Department for deciding the age of both Writings and Signatures of the relevant period. She has further admitted that no signatures of deceased in her name H. Yogavathi sent for Handwriting Expert, but in the name of Bhagyamma @ H. Yogavathi sent for examination. She has also clarified how she gave the Opinion after comparing both the Writings and Signatures of the relevant period prior to 4 year ago from the date of her 30 S.C. No. 1199/2014 death, therefore, normally slight difference will occur in the common strokes of Writing style of a person.
48. The learned Public Prosecutor has submitted the arguments in proof of the Charge alleged against the Accused produced through the witness PW4, one of the Panchas for the Inquest Mahazar Ex.P19 is supported the Prosecution case, apart from the evidence of Complainant, the husband of the deceased. Their evidence is corroborated the allegations made against the Accused the reason for suicide committed by his wife as elicited in his Cross-examination. Further pointed out that the Letter said to be wrote by the deceased in her own handwriting as per Ex.P4(b) is supported by the Expert evidence and Opinion given by PW12. The document Ex.P5, the Letter in which the deceased had expressed her pain, the Death Note Ex.P2 also proves the offence of Rape committed by the Accused on her is also the reason for her suicide. 31
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49. The learned Counsel for Accused has submitted about the mental illness suffered by the wife of Complainant, therefore she was not able to tolerate the pain of said illness and committed the suicide. Further, pointed out the Complainant has admitted that about his wife has consumed poison prior to one week from the date of her suicide. The document Death Note Ex.P6 will not contain the name of Accused, the relevant portion Ex.P4(b) is also reveal no mention of alleged Rape committed by the Accused on the deceased, but, in which she has stated about mental illness suffered by her. Therefore, as the name of the Accused is not referred in the documents Ex.P4(b), 6 and 8 same cannot be relied in proof of Case of Prosecution.
50. Further, pointed out the PW1 has admitted the mental illness suffered by the deceased, for which, she was frequently taking to the Hospital for treatment. Further, he had also met the priest as she was under the impression that Evil Spirit had been caught hold her. The witness Shanthi, on whom, the Accused was 32 S.C. No. 1199/2014 alleged to be had Evil Eye which was not tolerated by the deceased is however not corroborated with her evidence. Because, the said witness Shanthi has turned hostile and not stated anything against the Accused.
51. The learned Counsel for Accused has further relied on the Citation Reported in Crl. Appl. No. 1503/2010 arising out of SLP (Crl) No. 6811/2009) in the case of S.S. Chheena V/s Vijay Kumar Mahajan and another.
The Hon'ble Supreme Court of India has pointed out Section 306 of IPC to proper comprehend the scope and ambit of said Section reads as " if any person commit suicide, who ever abates the commission of such 2 side, shall be punished with imprisonment of either description for a term which may extend 10 years, and shall also be liable to fine". 33
S.C. No. 1199/2014 The meaning and import the world suicide is not defined in the penal code and requires no explanation. " Sui " means "self" and "cide" means "killing", thus inclining an Act of self - killing.
In our country, while suicide in itself is not an offence, considering that the successful offender is beyond the reach of law, attempt to suicide is an offence under Section 309 of IPC.
The Hon'ble Court further discussed that, Abatement involve a mental process of instigating a person or intentionally aiding a person in doing of thing. Without a positive act on the part of the Accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided, it is clear that in order to convict a person under Section 34 S.C. No. 1199/2014 309 of IPC, there has to be a clear mens ria to commit the offence. It also require an active act or direct act which led the deceased to commit the suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed the suicide.
The Hon'ble Supreme Court has referred the citation (2009)16 SCC 605 the case of Chithresh Kumar Chopra V/s State(Govt of NCT of Delhi), to deal with the aspect of Abatement. The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicideability pattern is different from the other. Each person has his own idea of self - esteem and self - respect. Therefore, it is impossible to laydown any straitjacket formula in dealing with such 35 S.C. No. 1199/2014 cases. Each case has to be beside on the basis of his own facts and circumstances.
52. I have perused the oral and documentary evidence placed by the Prosecution in proof of the Rape committed by the Accused on the deceased, from the said act, she mentally suffered and committed suicide, after Abatement by the Accused. The important documents relied by the Prosecution are the Death Notes Exs.P2 to 8. No doubt, the writings in those documents referred for Handwriting Expert and the Opinion given by the Expert, Pw12, proves the Writings and Signatures found in those documents are wrote by the same person. However, only on the ground that those documents were in the Hand Writing of deceased, whether the same will prove Rape committed by the Accused, who was said to be Abated her to committ suicide.
53. It is relevat to discuss the contents of the Death Notes Exs.P2 to 8. In Ex.P2 the writings reveal 36 S.C. No. 1199/2014 about Rape committed by the Accused, afterwards the deceased kept quite, but she could not tolerate the intention of Accused to Rape the witness Shanthi, therefore she slapped him, he was also slapped her, later she suffered mentally, resulted in her illness. The important aspect is no date, timings and place of alleged Rape committed by the Accused are mentioned in the said document.
54. The Letter Ex.P3 said to be written by the deceased informaing the witness Basavaraju, husband of Shanthi on whom the Accused intended to have Sexual Intrcourse. But, the said witness is examined as PW5 and not deposed in support of the contents of said letter.
55. The contents of the Letter Ex.P-4 also does not say, when actually she was Raped by the Accused and the date of she slapped the Accused after coming to know his intention to Rape wife of PW5, Shanthi are not found in the said Death Note. The said Shanthi is 37 S.C. No. 1199/2014 also examined before the Court as PW3 and not deposed in support of the contents of Ex.P4. Further, the portion Ex.P4(b), said to be written by the deceased shows that no Rape committed on her body and she was suffered from mental illness, which was not qured as it there is no medicine for mental illness. It is also written to perform her cremation as per custom of Christian throguh Paster.
56. The contents of Ex.P5 shows, name of her son to whom she told to inform the Police about the Accused and throw Acid on his face, afterwards give the same Letter to the Police and he have to punished. From the said letter also nothing can be made out with regard to alleged Rape committed by the Accused on her.
57. The contents of Ex.P6 said to be another Death Note, no doubt, discloses about severe ilness of the deceased, who was taken to many Hospitals for treatment. She was also under impression of Evil Spirit 38 S.C. No. 1199/2014 caught hold her, therefore she was not cured not no god in the earth to cure her. The important Writings found in the said document are, she herslf is responsible for her suicide and expressed gratitute towards the relatives and who were working in the factory. Her mental weakness expressed as sometimes, she was dicided to die. It is particularly metioned that though it was severe illness suffered by her, it is not curable in the Hospital as some Evil Spirit went inside her body troubled her.
58. The important aspect made out from Ex.P6 is that the mental condition of the deceased was not stable and she was suffering from depression under the impression of Evil Spirit is her inside, since one and half year.
59. The contents of Ex.P7 shows she had cursed by saying that, not to cheet any other women as cheated her and also he spoiled his family, taken away the motherhood of her son. The reference made some 39 S.C. No. 1199/2014 of Keerthanas of god to punish him not commit Rape on any women. It is also referred the person whom address in the Letter as " Kamuka Vagra" and learned the lesson from Keerthane No. 55. However, this Letter is also will not prove allegations of Rape and abatement made against the Accused.
60. The contents of Ex.P8 are only referred with respect to attempt made by her husband to cure her illness, but it could not be succeeded, therefore, she decided to commit suicide. Further, it shows that somebody calling her and all her parents, brother, sister and husband were good and advise given to Hemanth, said to be her son to learn to become intelligent and to have perception.
61. Therefore, after detail perusal of entire contents of all the Letters, which were said to be Written by the deceased, the same will not be considered as the proof of alleged Rape committed by the Accused who made her to commit suicide. At this 40 S.C. No. 1199/2014 stage, it is relevant to point out the observation made by the Hon'ble Supreme Court cited in Crl. Appl. No. 1503/2010 arising out of SLP (Crl) No. 6811/2009) referred on behalf of Accused, in which the elaborate discussion made on the Principles to come to conclusion for the Abatement, the proves is required has observed in relevant paras, which are already mentioned above in detail. The Principles, if are considered for the contents of documents Ex.P2 to 8, the same will not prove the offence under Section 306 of IPC.
62. Moreover, as per the dictum of law rendered by the Hon'ble High Court of Karnataka in citation Reported in ILR 2019 Karnataka - 4825, in the case of Thalaghattapura Police Station, Bengaluru V/s Nagabhushan and others, it is held that " The court has to take note of the intrinsic worth of the value of dying declaration, whether reliable and it inspires 41 S.C. No. 1199/2014 the confident of Courts how the incident has taken place and merely a Statement made at the first instance that too, at the insistence of Accused, the credibility cannot be given to the said dying declaration, when there was threat, the same cannot be relaid upon".
63. However, the Post-Mortum Report of the deceased Ex.P22, shows the Opinion of the Doctor that death was due to ASPHYXIA as a result of HANGING. However, there is no credible proof produced by the Prosecution in support of the alleged Rape committed by the Accused on the deceased as alleged in the Death Notes which are absent about no specific date, time and place of Rape committed on her. It is true, the Prosecution has relied on the Death Notes, particularly, Ex.P4(b) and 6, which cannot be take into consideration in proof of the allegations made against the Accused for the above mentioned observation and Principles 42 S.C. No. 1199/2014 applied by the Hon'ble Supreme Court of India and Hon'ble High Court of Karnataka.
64. Therefore, after detail perusal of the oral and documentary evidence of Prosecution, I am constrained to hold that nothing can be made out in proof of Rape committed by the Accused on the deceased resulted in her suicide. Therefore, is absence of important proof of allegations made against the Accused, the doubts will certainly arose as to the incidents narrated in the case of Prosecution. Therefore, the benefit of doubt must be given to the Accused. Hence, I come to conclusion that the Prosecution has failed to prove that the Accused has committed Rape on the wife Complainant, from which, she was abated to commit suicide by hanging herself on 12-03-2012 by living Death Notes, punishable under Sections 376 and 306 of IPC. Hence, answer point Nos. 1 to 3 in the Negative. 65 . Point No. 4: For the above discussed reasons, I proceed to pass the following:
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S.C. No. 1199/2014 O R D E R. Acting under Section 235(1) of Cr.P.C. the Accused P. K. Armugam @ Muruga S/o P.Kumar is hereby acquitted for offences punishable under Sections 376 and 306 of IPC.
The bail bonds executed by the Accused and Surety in compliance of under Section 437(A) of Cr.P.C. shall be inforce till the completion of Appeal period.
The MOs 1 to 6 and other properties seized in this case are order to be destroyed as worthless and useless, after completion of Appeal period.
(Dictated to the stenographer, transcript and computerised by him, corrected, signed and then pronounced by me in the open court today the 29th day of May 2020) (S.H.PUSHPANJALI DEVI) LIII Addl.City Civil & Sessions Special Judge, Bangalore.44
S.C. No. 1199/2014 ANNEXURE
1) List of witnesses examined for the Prosecution PW.1 Ugra Narasimhiah PW.2 Hemanth Kumar PW.3 Shanthi PW.4 Karthik S PW.5 Basavaraj PW.6 T. V. Subramanya Shetty PW.7 Ramachandra H.A.Vijayendra PW.8 Shivakumar PW.9 B.K.Shekar PW.10 S.K.Malathesh Jeenath.M. PW.11 PW.12
2) List of documents marked for Prosecution:
Ex.P1. Complaint Ex.P1(a) Signature of PW-1 Ex.P1(b) Signature of PW-8 45 S.C. No. 1199/2014 Ex.P2. Letter Ex.P2(a) Signature of deceased Ex.P.3. Chit Ex.P3(a) Signature of deceased Ex.P4. Chit Ex.P4(a) Signature of deceased Ex.P5. Chit Ex.P5(a) Signature of deceased Ex.P6. Chit Ex.P6(a) Signature of deceased Ex.P7. Chit Ex.P7(a) Signature of deceased Ex.P8. Chit Ex.P8(a) Signature of deceased Ex.P9 to 16 Photographs Ex.P17. Spot Mahazar Ex.P17(a) Signature of PW.1.
Ex.P.17(b) Signature of PW.7 Ex.P17(c) Signature of PW11
Ex.P18. Relevant portion of Statement of PW-3 Ex.P19 Inquest Report Ex.P19(a) Signature of PW-4 Ex.P.19(b) Signature of PW-11 Ex.P20 Mahazar Ex.P20(a) Signature of PW-6 Ex.P20(b) Signature of PW-11 Ex.P21 Letter Ex.P21(a) Signature of PW-6 Ex.P21(b) Signature of PW-11 46 S.C. No. 1199/2014 Ex.P22 Post Mortem Report Ex.P-22(a) Signature of PW-11 Ex.P23 Medical Certificate of Accused Ex.P23(a) Signature of PW-11 Ex.P24 FIR Ex.P24(a) Signature of PW-8 Ex.P25 FSL Report Ex.P25(a) Signature of PW-10 Ex.P25(b) Signature of PW-12 Ex.P25(c) Signature of Ex.P25(d) Signature of PW-12 Ex.P 26 Report Ex.P26(a) Signature of PW-11 Ex.P27 Sample Seal Ex.P28 Reasons for opinion by Scientific Officer ExP28(a) Signature of PW-12.
3) List of documents marked for Complainant:
Ex.C-1 Resignation letter Ex.C-1(a) Signature of Pw-11
3) List of Material Objects marked for the Prosecution MO.1 Piece of Door MO.2 Cloth used for hanging.
MO.3 Blue colour Plastic chair
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S.C. No. 1199/2014
MO.4 Brown Colour Nightie
MO.5 Blue colour Langa.
MO.6 Bra with white and Green dots.
4) List of witnesses examined for the Accused :
Nil
5) List of documents marked for Accused :
Nil
6) List of Material Objects marked for the Accused Nil (S.H.PUSHPANJALI DEVI) LIII Addl.City Civil & Sessions Special Judge, Bangalore.
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