Bangalore District Court
State By Hennur vs No.: 1. Smt. Kavitha @ on 20 August, 2015
1 SC.No.548/2013
IN THE COURT OF THE LIX ADDL.CITY CIVIL
& SESSIONS JUDGE, BANGALORE CITY
Dated this the 20th day of August 2015
PRESENT
************
Sri Deshpande.G.S, B.com. LL.M
LIX ADDL.CITY CIVIL & SESSIONS JUDGE,
BANGALORE CITY
S.C.No.548/2013
COMPLAINANT: State by Hennur
Police Station,
Bangalore.
(Represented by Learned Public
Prosecutor, Bangalore.
Vs.
ACCUSED No.: 1. Smt. Kavitha @
Poornima,
W/o Late Rajendra
Shivanna
Aged about 30 years
R/at Akkalakot,
Sollapura District,
Maharastra.
2. Praveen Srikanth
Kataria,
S/o Srikanth Kataria
Aged about 28 years
R/at No.156,
Dasagiri Galli
Samartha Chowka
Akkalakot Taluk,
Sollapura District,
Maharastra.
2 SC.No.548/2013
1. Date of Commission : 13.04.2012
of Offence
2. Date of Report : 13.04.2012
of Offence
:
3. Date of arrest of accused Accused No.1 was
arrested on
01.05.2012.
Accused No.2 is on
anticipatory bail.
4. Name of the : Sri Ningappa
complainant
5. Date of Commencement :
08.07.2014
evidence
6. Date of Closing of :
25.06.2015
Evidence
7. Offences complained of : Section 306 r/w
Sec.34 of IPC
:
8. Opinion of the Judge ACCUSED
No.1 & 2
NOT FOUND
GUILTY
3 SC.No.548/2013
JUDGMENT
The Sub-inspector of police of Hennur police station has filed charge sheet against accused No.1 and 2 alleging that, they have committed the offences punishable under Sections 306 r/w Sec. 34 of IPC.
2. The case of the prosecution in brief is that:-
Deceased Rajendra Bushetty was the husband of accused No.1. Deceased was working as a Conductor in BMTC, Depot No.23 and staying in the house of one Mukundappa at Hennur. Accused No.2 was visiting the house of accused No.1 often and often, in the absence of deceased Rajendra Bushetty. Deceased was suspecting that, accused No.1 was having illicit intimacy with accused No.2. Once deceased found that, accused No.1 and 2 were staying in his house in his absence. Deceased and his friends P.W.1 - Ningappa, P.W.2 - Malappa, P.W.3 - Suresh had advised the accused No.1 suitably. At that juncture, quarrel was took place between deceased and his wife - accused No.1. At that time, the accused No.1 has expressed that, she would not lead married life with her husband and she would go along with accused No.2. Deceased felt that, he was being insulted, on account of conduct of his wife - accused No.1. Deceased went to his 4 SC.No.548/2013 native place on 09.04.2012 and was returned to Bangalore on 13.04.2012 in the morning. He had informed P.W.1 - Ningappa that, he would attend to his duty in the second shift. After some time the elder sister of the deceased had informed P.W.1 that deceased is not receiving phone. P.W.1 in turn has informed his friends. P.W.2-
Malappa and CW.6 - Balaji to go and see the deceased. Accordingly, these persons went to the house of deceased and noticed that, he has committed suicide by hanging in his bed-room by keeping death note Ex.P.2 in his pocket. P.W.1 has given the information to the jurisdictional police as per Ex.P.1. Same was received by P.W.10 - P.I. On the basis of the same, he has registered the case in Crime NO.95/2012 and has sent the FIR to the court as per Ex.P.13. Thereafter, he has visited the place of incident and conducted the inquest panchanama as per Ex.P.4 in the presence of Mahazar witnesses and recorded the statements of P.W.2-Malappa and CW.6 - Balaji. He has seized the death note Ex.P.2. He has sent the dead body to Dr.B.R. Ambedkar Medical College for Post Mortem. He has also recorded the further statement of complainant and statement of other witnesses. He has received the Xerox copy of rent agreement. He has received the M.O.1 plastic rope from his staff along with 5 SC.No.548/2013 report Ex.P.12. He has also received the Wedding card and photos in respect of marriage of deceased and accused No.1 as per Ex.P.5, 6 &
14. On 02.05.2012 the accused No.1 was produced before him by his staff. He has interrogated her and recorded her confession statement. He has also received the copy of identity card of the deceased, copy of PAN card and copy of leave letter given by the deceased to Depot Manager as per Ex.P.15, 16 and Ex.P.3. He has also obtained a certificate from the Depot Manager stating that, the deceased was remained absent to his duty from 07.04.2012 to 13.04.2012. Accused No.2 has appeared before him by obtaining anticipatory bail from the Sessions Court. He has released him on bail. After receipt of PM report-Ex.P.17, P.W.10 - P.I. has filed the charge sheet against the accused Nos.1 and 2 alleging that, they have committed the offences punishable under Sections 306 r/w Sec.34 of IPC.
3. Since the above said offences are exclusively triable by Court of Sessions, this case was committed to this court under Section 209 of Cr.P.C.
4. Accused No.1 and 2 are on bail. Charges framed and same were read over and explained to the accused. They pleaded not 6 SC.No.548/2013 guilty and claims to be tried. Therefore, the case was posted for prosecution evidence.
5. The prosecution in support of its case has examined ten witnesses as P.W. 1 to 10 and got marked seventeen documents as Ex.P.1 to 17. (By oversight Ex.P.7 has not been marked during evidence). Seized plastic rope is marked as M.O.1.
6. Thereafter, statements of the accused under Section 313 of Cr.P.C recorded. On behalf of accused, no witnesses examined and no documents marked.
7. Heard the arguments of the learned Public Prosecutor for the state and the learned counsel for the accused.
8. On the basis of the above materials, the following points arise for my consideration:-
1. Whether the prosecution proves beyond all reasonable doubt that accused No.1 and 2 have committed the offences punishable under Sections 306 r/w Sec.34 of IPC?
2. What Order?
9. My findings to the above points are as under:-
POINT No.1 :- In the Negative,
POINT No.2: As per final order.
for the following:-
7 SC.No.548/2013
REASONS
10. Point No. 1 :- The contention of the prosecution in brief is that, deceased - Rajendra Bushetty got married to accused No.1 - Kavitha. Deceased was working as a Conductor in BMTC in Depot No.23 and staying in the house of one Mukundappa at Hennur Village along with accused No.1. Accused No.2 - Praveen was visiting the house of deceased often and often in his absence. Deceased was suspecting that, his wife accused No.1 was having illicit intimacy with accused No.2. Once, deceased has observed that, accused No.1 and 2 were staying in his house in his absence. At that time, deceased and his friends P.W.1 and 2 and others had advised accused No.1 suitably. At that time, accused No.1 had expressed that, she is not ready to lead marital life with the deceased and she would go with accused No.2. Deceased felt insulted for the same. He went to his native place and returned to Bangalore on 13.04.2012. He has committed suicide in his bead-room by hanging, by keeping death note Ex.P.2 in his pocket. The friend of deceased P.W.1 Ningappa has given the information to the jurisdictional police as per Ex.P.1. After completion of investigation formalities, P.I. - P.W.10 has filed the charge sheet 8 SC.No.548/2013 against the accused Nos.1 and 2 alleging that, they have committed the offences punishable under Sections 306 r/w Sec.34 of IPC.
11. The prosecution in order to establish its case has examined ten witnesses as P.W.1 to 10. Out of them, P.W.1 Ningappa is the friend of deceased. He deposed in his evidence that, accused No.1 was having illicit intimacy with accused No.2. Therefore, deceased and accused No.1 were quarreling often and often in this regard. Deceased had informed this aspect before him. On 06.04.2012 at about 2.00 P.M. himself and deceased and others went to the house of deceased and noticed that, accused No.1 and 2 were in the house of deceased. At that time, accused No.1 has informed them that she will not lead marital life with deceased and she would go along with accused No.2. On 09.04.2012 accused and deceased went to their native places. On 13.04.2012 deceased came to Bangalore and informed him that, he is attending his duty in the second shift. At about 2.00 P.M. the elder sister of the deceased had informed him that, deceased is not receiving phone. In turn he has informed P.W.2 and others to go to the house of deceased and verify the same. After some time they have informed him that, deceased Rajendra Bushetty has committed suicide. He went to his house and noticed that, 9 SC.No.548/2013 deceased had kept dead note in his pocket. He has given the information to the jurisdictional police as per Ex.P.1. He has identified the handwritings of the deceased found in Ex.P.2 and 3.
12. P.W.2-Balappa and P.W.3-Suresh have deposed that, deceased was staying in the rented house along with his wife-accused No.1. near their houses. Accused No.2 was visiting to the house of the deceased often and often in the absence of deceased. On 06.04.2012, they have observed that, accused No.1 and 2 were staying in the house, in the absence of deceased. At that time, quarrel was took place between deceased and accused No.1. The accused No.1 has informed that, that she will not lead marital life with deceased and she would go along with accused No.2. On account of conduct of the accused No.1, her husband deceased was frustrated. The accused No.1 has informed the deceased to go and die. The deceased had informed before them that, he will commit suicide. On 13.04.2012 the deceased has committed suicide by keeping death note - Ex.P.2 in his pocket. P.W.1 has handed over the same to police. Police have conducted the mahazar in their presence
13. P.W.4 - Eerayya Hiremath is the friend of deceased. He deposed that, deceased had obtained loan of Rs.1,00,000/- from him to 10 SC.No.548/2013 construct the house. Deceased has committed suicide as the accused his wife accused No.1 was having illicit intimacy with accused No.2.
14. P.W.5 - Ashok Bushetty is the elder brother of the deceased. He deposed that, deceased was working as a Conductor in BMTC and staying in Hennur village along with accused No.1. Both of them were happy for one year. Thereafter, deceased and accused No.1 were started quarreling stating that, she was having illicit intimacy with accused No.2. Deceased was informing this aspect to him over phone. Deceased had noticed that, accused No.1 and 2 were staying in the house. He had also informed this aspect to him. On 08.04.2012 Panchayath was held in the P.S. in the presence of elders. At that time, the accused No.1 had informed them that, she is leaving the deceased and would go along with accused No.2. It was decided to file joint petition before the Court for grant of decree of divorce. On 13.04.2012 P.W.1 has informed him that, deceased has committed suicide by hanging.
15. P.W.7 is the handwriting expert. He deposed that, he has examined the handwritings of Ex.P.2 and 3 and observed that, the said handwritings are of same person. He has given the report as per Ex.P.9.
11 SC.No.548/2013
16. P.W.8 is the in-charge depot Manager. He deposed that, at the request of I.O., he has issued the certificate as per Ex.P.11, stating that, the deceased was remained absent to his duty from 07.04.2012 to 13.04.2012.
17. P.W.6 - A.S.I. deposed that, on 01.05.2012 himself and CW.19 and 20 have arrested the accused No.1 in the K.S.R.T.C. Bus stand at Sindagi and produced before the P.I. with report Ex.P.8.
18. P.W.9 is the P.C. He deposed that, after PM he has handed over the dead body to his friend P.W.1 and obtained acknowledgement. He has handed over plastic rope M.O.1 before P.I. along with report Ex.P.12.
19. P.W.10 is the P.I. He deposed about the entire investigation of the case.
20. From the evidence of material witnesses P.W.1 - Ningappa, P.W.2 - Malappa, P.W.3 - suresh, P.W.4 - Eerayya Hiremath and P.W.5 - Ashok Bushetty, it is made out that, deceased was suspecting that his wife - accused No.1 was having illicit intimacy with accused No.2. He was visiting to his house during his absence. The deceased was frustrated on account of conduct of the accused No.1. In the death note Ex.P.2 the deceased has mentioned 12 SC.No.548/2013 that, accused No.1 and 2 are responsible for his death. The evidence of material witnesses and Ex.P.2 death note are not sufficient to hold that, the accused No.1 and 2 are the guilty of offences under Section 306 r/w Sec.34 of IPC. In the present case, the accused No.1 and 2 have not instigated the deceased to commit suicide. P.W.2 and 3 in their evidence have deposed that, the accused No.1 has asked the deceased to go and die. This aspect is not stated either in the complaint or in the evidence of P.W.1. This improvement is made in the subsequent evidence of P.W.2 and 3. Therefore, the evidence given by P.W.2 and 3 in this regard cannot be accepted. The Hon'ble Supreme Court in the decision reported in (2010) 1 SCC 707, amalendu Pal V/s. State of West Bengal held as under:
In order to bring a case within the purview of Sec.306 of IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established 13 SC.No.548/2013 by the prosecution before he could be convicted under Sec.306 of IPC.
21. The Hon'ble Supreme Court in the decision reported in AIE 2002 SC 1998 Sanju Alias Sanjay Singh Sengar V/s. State of Madhya Pradesh held as under:
Penal Code (45 of 1860), Ss. 306, 107
- abetment of suicide - proof - quarrel between accused and deceased - accused telling deceased ' to go and die' - That itself would not constitute ingredient of 'instigation' - presence of meansrea is necessary concomitant of instigation - fact that deceased committed suicide after two days of quarrel during which said words were uttered by accused - would show that suicide was not direct result of quarrel - suicide note left by deceased showing that he was in great stress and depression - statement by his wife that he was frustrated man and was in habit of drinking - Held charge sheet framed under S.306 against accused was liable to be quashed as ingredients of abetment were totally absent.14 SC.No.548/2013
22. From the evidence on record, it is made out that, the deceased has committed suicide suspecting that, the accused No.1 was having illicit intimacy with accused No.2. The conduct of accused No.1 and 2 does not constitute the offences under Section 306 r/w Sec.34 IPC. At the most it appears that, he has committed suicide by frustration on account of conduct of his wife. The principle laid down in the above said decisions are applicable to the case on hand.
23. From looking into entire evidence on record, it is made out that, the prosecution is not able to prove its case against the accused beyond all reasonable doubt. Therefore, the accused No.1 and 2 are entitled for acquittal. Hence, Point No.1 is answered accordingly.
24. POINT No.2:- In view of the above discussions and my finding to Point No.1, I proceed to pass the following:-
ORDER Accused No.1 and 2 are not found guilty for the offences punishable under Section 306 r/w 34 of IPC.
Therefore, they are acquitted for the said offences under Section 235(1) of Cr.P.C.
Bail bond executed by the accused No.1 and 2 and their sureties stand cancelled.15 SC.No.548/2013
Seized property at M.O.1 - plastic rope is worthless. It is ordered to be destroyed after expiry of the appeal period.
(Dictated to the Judgment-Writer directly on computer, typed by her, corrected, signed and then pronounced by me in the open court on this the 20th day of August 2015).
(DESHPANDE.G.S.) LIX Addl. C.C. & Sessions Judge, BANGALORE CITY.
ANNEXURE List of witness examined for prosecution:
PW 1 Ningappa 08.07.2014
PW 2 Malappa 08.07.2014
PW 3 Suresh 28.01.2015
PW 4 Eerayya Hiremath 28.01.2015
PW 5 Ashok Bushetty 24.02.2015
PW 6 Subramanya 08.04.2015
PW 7 Dr. Aravindan 15.06.2015
PW 8 Yusuf Khan 15.06.2015
PW 9 Adinarayana 25.06.2015
PW.10 V. Gopinath 25.06.2015
16 SC.No.548/2013
List of documents marked for prosecution:
Ex. P1 - complaint Ex.P.1(a) - signature of PW.1 Ex.P.1(b) signature of PW.1 Ex.P.2 - death note Ex.P.3 - leave letter Ex.P.4 - inquest mahazar Ex.P.4(a) signature of PW.10 Ex.P.5, 6 - photos Ex.P.7 - (not marked by over sight) Ex.P.8 - statement of PW.6 Ex.P.9 - report of handwriting expert Ex.P.9(a) signature of PW.7 Ex.P.9(b) - signature of scientific Officer Ex.P.10 - seal by FSL Ex.P.11 - attendance report Ex.P.12 - report by PW.9 Ex.P.12(a) - signature of PW.9 Ex.P.13 - FIR Ex.P.13(a) signature of PW.10 Ex.P.14 - marriage invitation card Ex.P.15 - identity card Ex.P.16 - Xerox copy of PAN card Ex.P.17 - post mortem report.
MATERIAL OBJECTS MARKED:-
M.O.1 - Plastic rope 17 SC.No.548/2013 List of witnesses examined for defence: - NIL List of documents marked for defence:- NIL (DESHPANDE.G.S.) LIX Addl. C.C. & Sessions Judge, BANGALORE CITY.18 SC.No.548/2013
20.08.2015:
Accused No.1 and 2 are present.
Judgment pronounced in the open court (vide separate judgment) with the following operative portion:
Accused No.1 and 2 are not found guilty for the offences punishable under Section 306 r/w 34 of IPC.
Therefore, they are acquitted for the said offences under Section 235(1) of Cr.P.C.
Bail bond executed by the accused No.1 and 2 and their sureties stand cancelled.
Seized property at M.O.1 - plastic rope is worthless. It is ordered to be destroyed after expiry of the appeal period.
(DESHPANDE.G.S.) LIX Addl. C.C. & Sessions Judge, BANGALORE CITY.
19 SC.No.548/2013