Karnataka High Court
Sri C C Jithendra vs The State Of Karnataka on 20 December, 2013
Author: K.Bhakthavatsala
Bench: K.Bhakthavatsala
1
CRL.A.No.377/2012
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF DECEMBER 2013
PRESENT
THE HON'BLE Dr. JUSTICE K.BHAKTHAVATSALA
AND
THE HON'BLE Mr. JUSTICE PRADEEP D.WAINGANKAR
CRIMINAL APPEAL No.377/2012
BETWEEN :
SRI C C JITHENDRA
S/O CHANNABASAVAIAH
AGE: 30 YEARS,
R/O CHANNAGOUDANAHALLI
CHICKMAGALUR TALUK/DISTRICT. ...APPELLANT
(By Sri.P.CHANDRASHEKAR, ADV.
FOR M/S.RAVI B.NAIK ASSOCIATES, ADVS.)
AND :
THE STATE OF KARNATAKA
(THROUGH RURAL POLICE
CHICKMAGALUR)
REPTD. BY ITS STATE PUBLIC
PROSECUTOR
HIGH COURT OF KARNATAKA,
BANGALORE. ...RESPONDENT
(By Sri.K.R.KESHAVA MURTHY, ADDL.SPP)
2
CRL.A.No.377/2012
THIS CRL.A. IS FILED U/S.374(2) CR.P.C BY THE ADV.
FOR THE APPELLANT/ACCUSED PRAYING TO ALLOW THE
APPEAL AND SET ASIDE THE JUDGMENT OF CONVICTION
AND SENTENCE DATED:7.3.12 PASSED BY THE PRESIDING
OFFICER, FAST TRACK COURT, CHIKMAGALUR IN S.C.
NO.82/2007-CONVICTING THE APPELLANT/ACCUSED FOR
THE OFFENCES P/U/S.498-A,302 AND 201 OF IPC AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
Dr.BHAKTHAVATSALA, J., DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the accused under Section 374(2) of Cr.P.C., challenging the Judgment dated 07.03.2012 made in S.C.No.82/2007 on the file of Fast Track Court, at Chikmagalur.
2. For the purpose of convenience, the appellant is hereinafter referred to as 'the accused' as arraigned in the Sessions case.
3. Brief facts of the case leading to the filing of the appeal may be stated as under:
The deceased Asha is the daughter of P.W.1/Shivakumar, whose marriage was performed with the 3 CRL.A.No.377/2012 accused on 20.04.2006. It is alleged that at the time of marriage, the accused was given gold and silver ornaments and after the marriage, the accused started ill-treating Asha physically and mentally for want of additional dowry. It is alleged that on 27.09.2006 at about 6.00 p.m., wife of the accused Asha committed suicide in the house of the accused using dhoti. Parents of the deceased Asha came to know about her death. They reported death of Asha to Rural Police at Chikmagalur. Therefore, case was registered as UDR in 73/2006. After P.W.22/Thirumalaiah received PM report, he suo motu registered a case against the accused in Crime No.35/2007. During the course of investigation, accused was arrested. After the investigation was over, chargesheet was filed against the accused for the offence punishable under Section 302 read with Section 201 of IPC. After the receipt of the committal records, the case was registered in S.C.No.82/2007 on the file of Fast Track Court at Chikmagalur. Accused has denied the charges levelled against him. He faced trial for the above said offence. The accused has denied all the incriminating circumstances 4 CRL.A.No.377/2012 appearing in the evidence of prosecution witnesses. He has not adduced any defence evidence. The Trial Court, after hearing arguments, perusing oral evidence and documentary evidence on record, reached a conclusion that the accused has committed offences punishable under Sections 498-A, 302 and 201 of IPC. by the impugned Judgment dated 07.03.2012. The Trial Court, after hearing arguments on the point of sentence, by the impugned Order of sentence dated 13.03.2012, sentenced the accused to undergo imprisonment for three years and pay fine of Rs.2,000/-; in default in payment of fine, to undergo S.I for three months for offence punishable under Section 498-A of IPC; to undergo R.I for life and pay fine of Rs.5,000/-; in default in payment of fine, to undergo S.I for six months for the offence punishable under Section 302 of IPC and to undergo R.I for five years and pay fine of Rs.2,000/-; in default in payment of fine, to undergo S.I for three months for the offence under Section 201 of IPC. This is impugned in this appeal.
5CRL.A.No.377/2012
4. Learned counsel for the appellant/accused submits that P.W.1/Shivakumar, P.W.2/Jayamma, parents of the deceased and mahazar witness-P.W.3/Suresh, P.W.4/Chandrashekar, P.W.7/Dinesha, P.W.8/Puttaswamy, P.W.10/Prabhakara, P.W.5/Smt.Harsha (aunt of the accused), P.W.9/Neelakanta and P.W.11/Kantharaju have turned hostile to prosecution and it is a case of suicidal death, but the Trial Court, without application of mind, erred in holding that Asha died a homicidal death. He further submits that when the case was pending before the Sessions Court for trial, the Special Public Prosecutor filed an application under Section 173(8) of Cr.P.C., for further investigation of the case for subjecting the accused for brain mapping and narco analysis test. The Presiding Officer of the Fast Track Court, by his Order dated 20.01.2009, allowed the above said application for brain mapping and narco analysis test and the accused was subjected to polygraphy examination, but polygraphy examination report dated 26.07.2008 sent by the Director, Forensic Science Laboratory, Bangalore to the Assistant Superintendent of Police, Chikmagalur Sub-Division, 6 CRL.A.No.377/2012 Chikmagalur, is negative. He further submits that P.Ws.1 and 2, the parents of the deceased Asha have given their second daughter in marriage to the appellant/accused and the impugned Judgment of sentence and conviction may be set aside.
5. Learned Addl. SPP submits that on proper appreciation of evidence on record and opinion of P.M doctor, the Trial Court has rightly reached the conclusion that Asha died homicidal death and there is no illegality or infirmity in the impugned Judgment of conviction and Order of sentence.
6. In the light of the arguments addressed by the learned counsels for the parties, the only point that arises for our consideration is:
"Whether the impugned Judgment calls for our interference?"
7. Our answer to the above point is in the affirmative for the following reasons:
7CRL.A.No.377/2012
At the very out set, it must be mentioned that P.W.22, the Investigating Officer registered a suo motu case solely on the basis of the opinion of the P.M doctor who conducted autopsy on the deceased. Though the polygraphy examination report dated 26.07.2008 is available on record, the Trial Court has not referred to the same and the polygraphy examination report was not rejected. Brain- mapping and narco analysis test report is negative. When the parents of the deceased have not lodged any complaint against the accused, solely on the basis of the opinion of the doctor who conducted autopsy on the deceased, it is not safe to hold that Asha died a homicidal death. In view of the above, we are of the opinion that the Trial Court erred in convicting the accused for the offences punishable under Sections 498-A, 302 and 201 of IPC. Thus, the impugned Judgment of conviction and Order of sentence call for our interference.
8. In the result, we pass the following Order: 8 CRL.A.No.377/2012
Appeal is allowed and the impugned Judgment of conviction dated 07.03.2012 made in S.C.No.82/2007 and Order of sentence dated 13.03.2012 made in the above said case, are set aside. Consequently, the appellant/accused is acquitted of the offences punishable under Sections 498-A, 302 and 201 of IPC.
The accused is in judicial custody. He shall be set at liberty forthwith if his presence is not required in any other case.
The Registry is directed to communicate the same to the jail.
Sd/-
JUDGE Sd/-
JUDGE bnv*