Bangalore District Court
Basavanagudi P.S vs Kumar on 10 January, 2024
KABC010033942012
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 10TH DAY OF JANUARY, 2024
PRESENT:
Sri Manjunatha, B.A., LL.B.,
XLV Addl. City Civil & Sessions Judge, Bengaluru.
SC No.650/2012
Complainant State by Basavanagudi Women P.S.,
(By the learned Public Prosecutor)
AND
Accused 1.Kumar.R
S/o Ramannna, a/a 28 Yrs.,
2.Kempajamma
C/o Ramanna, a/a 48 Yrs.,
3.Ramanna
S/o Late Subbaiah, a/a 60 Yrs.,(Abated)
4.Manjunatha
S/o Ramanna, a/a 22 Yrs.,
all are r/a No.31, 5th Cross,
Avalahalli, New Extension, Bengaluru.
(By Sri/Smt: L. Mahesh Kumar,
Advocate)
*****
2
SC No.650/2012
Date of offence & time 01.07.2009
Date of report of offence 01.07.2009
Date of arrest of the A1 & A4: 03.07.2009
accused
Date of release on bail A1 & A4: 19.08.2009 & 29.07.2009
Total period of custody A1: 48 days & A4: 26 Days
Name of the Smt. Sumathi
complainant
Date of commencement 11.03.2015
of recording of evidence
Date of closing of 6.3.2013
evidence
Offences complained off U/s.498A, 304B r/w Sec.34 of IPC and
U/s.3, 4 and 6 of DP Act.
Opinion of the Judge Accused persons found not guilty
JUDGMENT
The Assistant Commissioner of Police, Banashanakri Sub-Division, Bangalore, has submitted charge sheet against the accused No.1 to 4 for the offences punishable U/s.498A and 304B r/w Sec.34 of IPC and Sec.3, 4 and 6 of DP Act in Crime No.162/2009 of Basavanagudi P.S., Initially the case has been registered at Chamarajpet P.S., Crime No.208/2009 for the offences punishable U/s.498A and 304B r/w Sec.34 of IPC As the offence is against Women, the case has been transferred to Basavanagudi Women P.S., and the same has been registered in Crime No.162/2009 for the offences punishable U/s.498A and 304B r/w Sec.34 of IPC and Sec.3, 4 and 6 of DP Act.
2. The factual matrix of the case is that:
The marriage of accused No.1 with deceased- Smt.Kusuma was solemnized on 6.5.2009 at Kengal Anjaneya 3 SC No.650/2012 Swamy Temple, Channapatna as per the customs and rites prevailed in their community, and at the time of marriage on demand the accused persons received cash of Rs.1,50,000/- gold articles, wrist watch, as dowry from CW.1 Smt. Sumathi. The accused persons have also demanded for a site, the informant promised to get after the marriage. After the marriage deceased-Smt. Kusuma started residing along with accused persons at house No. 31, situated at 5 th Cross, Avalahalli Extension Bangalore. At that time the accused persons subjected deceased to physical and mental cruelty by demanding additional dowry in terms of a residential site without providing food. When deceased enquired accused No.1 in that regard the accused No.1 by abusing demanded for a residential site, and while sending deceased to her parents house during ashada masa and the accused persons have demanded her to got execute site in the name of accused No1 from her parents while she returning to her matrimonial house. While deceased-Smt.Kusuma residing in the house of informant bearing No.57/1-1, situated at 6th Cross, Vittalanagar, Rudrappa Garden, Chamarajpet, Bangalore, on 3.6.2009 night the accused No.1 stayed with deceased and in the morning went out side, at that time the deceased complained against accused No.1 with the informant by saying that she cannot bear the harassment of her husband, and she will die. The informant console the deceased and sent her to the college. On the same day in the afternoon at 2.00 p.m. deceased returned to her parents house after attending college, at that time the 4 SC No.650/2012 accused No.1 and discussed with the deceased and left without informing. When informant went inside the room and found that the deceased-Smt. Kusuma was unconscious, immediately informant and CW.2 shifted the deceased to Jayanagar Sagar Hospital for treatment, at 4.15 p.m. the deceased succumbed by leaving a death note/diary by stating that the accused persons are the route cause for her death, and such cruelty and harassment did drive the said deceased-Smt. Kusuma to commit suicide and accused No.1 being her husband accused No.2 to 4 are being the relatives of husband of deceased-Smt. Kusuma within a period of seven years of marriage, subjected her to cruelty and harassment in connection with the demand for additional dowry. Accordingly, the case was registered against the accused No.1 to 4 for subjecting the deceased-Smt. Kusuma for mental and physical cruelty and abetting the deceased to commit suicide in demand of additional dowry within seven years from the date of marriage, in Crime No.162/2009 for the offences punishable U/s.498A and 304B r/ w Sec.34 of IPC and Sec.3 and 4 of DP Act. After completion of investigation the complainant police have submitted charge sheet against the accused persons for the offences punishable U/s.498A and 304B r/w Sec.34 of IPC and Sec.3, 4 and 6 of DP Act.
3. The concerned police have submitted charge sheet before the jurisdictional II ACMM., Bangalore. The learned Magistrate after taking cognizance for the offences punishable U/s.498A and 304B r/w Sec.34 of IPC and Sec.3, 4 and 6 of DP 5 SC No.650/2012 Act, committed the case to the Sessions Court by complying Sec.207 of Cr.P.C., furnishing charge sheet copies to the accused persons. After the receipt of the committal records, the same was allotted to this Court and numbered as SC No.650/2012.
4. The charge was framed, read over and explained to the accused persons on 05.04.2013 for the offences punishable U/s.498A and 304B r/w sec.34 of IPC and Sec.3, 4 and 6 of DP Act in the language known to the accused persons and for which the accused persons pleaded not guilty and claimed to be tried.
5.The prosecution has examined in all eighteen witnesses as PW.1 to PW.18 and got marked documents at Ex.P1 to P.27 The learned Public Prosecutor has given up the witnesses CW.5, CW.10, and CW.20 to CW.23 in view of available evidence of other witnesses. In spite of sufficient opportunities provided to the prosecution by issuing summons, warrant and proclamation for securing witnesses CW.12 and CW.14, but the concerned police failed to secure the said witnesses and in view of the same the evidence of CW.12 and CW.14, taken as nil by rejecting the prayer of the prosecution. CW.3 and CW.8 are reported to be dead. During the course of trail the accused No.3 is reported be dead. Hence, the case against accused No.3 has been abated.
6. After completion of prosecution side evidence, this Court has recorded the statement of accused No.1, 2 and 4 on 10.10.2022 as provided U/s.313 of Cr.P.C. The accused No.1, 6 SC No.650/2012 2 and 4 have denied incriminating evidence present against them. However, the accused persons have lead defence evidence in support of their case by examining DW.1 and DW.2 and have also got marked documents at Exs.D.1 and D.21 their behalf
7.Heard the arguments on both sides and perused the materials on record.
The learned counsel for the accused files written arguments and relied upon the following decisions reported in a.(Criminal Appeal No.790/2017 @ Peittion(s)) for Special Leave to Appeal (CRL.) No(S).1165/2017] Heera Lal and ANR Vs. State of Rajasthan b. Criminal Appeal No.496 of 2014, 977 of 2013 (State by Kamakshipalya Police Station, Bangalore V. Papamma) of Hon'ble High Court of Karnatka, c.Criminal Appeal No.58 of 1992(Harikumar Vs., State of Karnataka) of Hon'ble High Court of Karnatka, d.Criminal Appeal No.1592 of 2011(Sher Sing @ Partapa Vs. State of Haryana ) of Supreme Court of India(From:Punjab and Haryana), e.Criminal Appeal Nos.1735-1736 of 2010 (Satbir Singh Vs., State of Haryana) of Hon'ble Supreme Court of India.
8.The following points that arises for consideration of this court:
7SC No.650/2012
1. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 being the husband and accused No.2 and 4 are being the relatives of husband of deceased-Smt. Kusuma at the time of marriage on demand received cash of Rs.1,50,000/- gold articles and wrist watch as dowry from the parents of deceased-Smt.Kusuma, and thereby the accused No.1, 2 and 4 have committed the offence punishable U/s.3 of DP Act?
2. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 being the husband and accused No.2 and 4 are being the relatives of husband of deceased-
Smt.Kusuma after the marriage deceased started residing along with accused No.1, 2 and 4 at house No. 31, situated at 5th Cross, Avalahalli Extension Bangalore, subjected deceased-Smt. Kusuma to physical and mental cruelty by demanding additional dowry in terms of residential site from her parents and thereby the accused No.1, 2 and 4 have committed the offence punishable U/s.4 of DP Act?
3. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 being the husband and accused No.2 and 4 are being the relatives of husband of deceased-
8SC No.650/2012 Smt.Kusuma after the marriage deceased started residing along with accused No.1, 2 and 4 at house No. 31, situated at 5th Cross, Avalahalli Extension Bangalore, with common intention subjected deceased-Smt. Kusuma to physical and mental cruelty by demanding additional dowry in terms of residential site from her parents and thereby the accused No.1, 2 and 4 have committed the offence punishable U/s.498- A r/w Sec.34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 being the husband and accused No.2 and 4 are being the relatives of husband of deceased-
Smt.Kusuma after the marriage deceased started residing along with accused No.1, 2 and 4 at house No. 31, situated at 5th Cross, Avalahalli Extension Bangalore, subjected deceased-Smt. Kusuma to physical and mental cruelty by demanding additional dowry in terms of residential site from her parents, and such cruelty and harassment did drive the deceased-
Smt.Kusuma to commit suicide by consuming phenyl on 1.7.2009 at 2.00 p.m. at her parents house bearing No.57/1-1, situated at 6th Cross, Vittalanagar, Rudrappa Garden, Chamarajpet, Bangalore,and succumbed at Jayanagar Sagar 9 SC No.650/2012 Hospital at 4.15 p.m. within seven years of the marriage by leaving death note/diary and thereby the accused No.1, 2 and 4 have committed the offence punishable U/s.304B r/w Sec.34 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 being the husband of deceased-Smt.Kusuma and after the death of the deceased-Smt. Kusuma failed to return the cash, gold articles watch received at the time of marriage as dowry from the parents of deceased Smt.Kusuma and thereby the accused No.1 has committed the offence punishable U/s.6 of Dowry Prohibition Act?
6. What order?
9.This Court has answered 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: In the Negative Point No.5: In the Negative Point No.6: As per final order for the following:-10
SC No.650/2012 REASONS
10.Points No.1 to 5: All these points are taken up together as they are related to each other and to avoid repetition in the discussion.
The marriage of accused No.1 with deceased- Smt.Kusuma was solemnized on 6.5.2009 at Kengal Anjaneya Swamy Temple, Channapatna as per the customs and rites prevailed in their community, and at the time of marriage on demand the accused persons received cash of Rs.1,50,000/- gold articles, wrist watch, as dowry from CW.1 Smt. Sumathi. The accused persons have also demanded for a site, the informant promised to get after the marriage. After the marriage deceased-Smt. Kusuma started residing along with accused persons at house No. 31, situated at 5 th Cross, Avalahalli Extension Bangalore. At that time the accused persons subjected deceased to physical and mental cruelty by demanding additional dowry interms of a residential site without providing food. When deceased enquired accused No.1 in that regard the accused No.1 by abusing demanded for a residential site, and while sending deceased to her parents house during ashada masa and the accused persons have demanded her to got execute site in the name of accused No.1 from her parents while she returning to her matrimonial house. While deceased- Smt.Kusuma residing in the house of informant bearing No.57/1-1, situated at 6th Cross, Vittalanagar, Rudrappa Garden, Chamarajpet, Bangalore, on 3.6.2009 night the accused No.1 stayed with deceased and in the morning went 11 SC No.650/2012 out side, at that time the deceased complained against accused No.1 with the informant by saying that she cannot bear the harassment of her husband, and she will die. The informant console the deceased and sent her to the college. On the same day in the afternoon at 2.00 p.m. deceased returned to her parents house after attending college, at that time the accused No.1 discussed with the deceased and left without informing. When informant went inside the room and found that the deceased-Smt. Kusuma was unconscious, immediately informant and CW.2 shifted the deceased to Jayanagar Sagar Hospital for treatment, at 4.15 p.m. the deceased succumbed by leaving a death note/diary by stating that the accused persons are the route cause for her death, and such cruelty and harassment did drive the said deceased-Smt. Kusuma to commit suicide and accused No.1 being her husband accused No.2 to 4 are being the relatives of husband of deceased-Smt. Kusuma within a period of seven years of marriage, subjected her to cruelty and harassment in connection with the demand for additional dowry. Accordingly, the case was registered against the accused No.1 to 4 for subjecting the deceased-Smt. Kusuma for mental and physical cruelty and abetting the deceased to commit suicide in demand of additional dowry within seven years from the date of marriage, in Crime No.162/2009 for the offences punishable U/s.498A and 304B r/ w Sec.34 of IPC and Sec.3 and 4 of DP Act. After completion of investigation the complainant police have submitted charge sheet against the accused persons for the offences punishable 12 SC No.650/2012 U/s.498A and 304B r/w Sec.34 of IPC and Sec.3, 4 and 6 of DP Act.
12. As stated herein above, the prosecution against accused was set into motion on the information of PW.1 Smt. Sumathi being the mother of the deceased-Smt.Kusuma. PW.1 deposed that the accused herein are her relatives. Deceased- Kusuma fell in love with accused No.1, when she is studying PUC. When she came to know about the same deceased- Kusuma told that she is interested to marry accused No.1. Accordingly the engagement was performed one month before marriage, and marriage between accused No.1 and deceased- Kusuma was solemnized on 6.5.2009 at Channapatna, Kengal Anjaneya Temple. At the time of marriage talks the accused herein demanded a site, cash of Rs.1,50,000/- and gold ornaments. Accordingly cash of Rs.1,50,000/- and gold ornaments were given. It was agreed to provide site after the marriage, as the site purchased by husband of PW.1 in Kengeri, Bangalore. After the marriage the deceased-Kusuma went to the house of accused without ornaments. The accused herein picked up quarrel with deceased for not wearing ornaments. Deceased-Kusuma told her that the accused No.1 is having illicit relationship with a women. She advised the deceased not to misunderstand the situation. The accused herein had promised at the time of marriage that they will allow the deceased-Kusuma to pursue her study. Deceased- Kusuma went to Simla to attend NCC camp for a period of 20 days even though the accused herein opposed the same.
13SC No.650/2012 When Kusuma returned to the house of accused after attending the NCC Camp at Simla, the accused herein stopped talking to deceased-Kusuma. Deceased was not allowed to have food in the matrimonial home. Therefore deceased was visiting her parents house for food and continued her study at the cost of her parents. The accused herein were insisting the deceased- Kusuma to wear saree instead of modern dress. She tried to convince the accused in this regard. Deceased used to say that the accused No.1 married her for properties of her parents. Accused No.1 was not visiting the parents house of the deceased. The accused No.1 was insisting for site. When the deceased-Kusuma was with her parents during ashada, the accused No.1 came to the house of PW.1, deceased went to her college and came back at 1.30 p.m. on that day. After some time the accused No.1 has also came back and joined the deceased-Kusuma. She went outside, after one hour the accused No.1 went outside without speaking to her. She went inside the room. Deceased was not able to speak and she was suffering, she was shifted to Ramakrishna Hospital. Ramakrishna Hospital refused to admit the deceased-Kusuma, as such deceased was shifted to Sagar Hospital. Deceased- Kusuma died in the hospital at about 5.00 p.m. She went to police station and filed Ex.P1 complaint. Deceased-Kusuma had consumed poison and committed suicide. Ex.P2 to P4 are the photographs collected by the I.O., during investigation. She had no source of income at the time of marriage of deceased. Her husband died about 15 years ago. Deceased Kusuma died 14 SC No.650/2012 after 54 days of her marriage. The accused No.1 had dropped deceased to Yeshwanthapura Railway Station to go to Simla. Deceased Kusuma was very happy at the time of visiting Simla. Marriage between accused No.1 and deceased-Kusuma was love cum arrange marriage. She herself invited deceased Kusuma to her house during ashada. She was unconcious at the time of filing complaint, her left hand thumb impressions was obtained in the Police Station. Neighboring residents were present at the time of filing of complaint. Deceased told her that quarrel took place between her and accused No.1. She had filed a case against one Ramachandre Gowda, who is none other than her second husband. She denies that a case was registered against her for the offence punishable U/s.302 of IPC. Deceased Kusuma was shifted to Hospital in an auto rickshaw. Deceased-Kusma was shifted from Ramakrishna Hospital to Sagar Hospital. The accused No.1 was very much present at the time of deceased shifting to the Sagar Hospital. She herself telephoned and informed the accused No.1 to come to the Hospital. Ex,D1 and D2 are Income certificates of the deceased. She denies that one KPN Travels people telephoned and informed that deceased-Kusuma fell down near KPN Travels Office. She denies the photographs published in newspaper regarding falling of deceased near KPN Travel Agency. She does not know who has prepared Ex.P1 complaint. Her advocate was present at the time of filing complaint. She admits that deceased-Kusuma was residing with accused No.1 during her childhood days. Ex.D5 is the 15 SC No.650/2012 statement recorded in CC No.10727/2007. One Srirama Reddy, advocate represented her in previous litigation. Her son had opposed the marriage between the deceased-Kusuma and accused No.1. She does not know as to what was consumed by the deceased when she was shifted to the Hospital. Sagar Hospital treated the deceased-Kusuma, for three hours. Decased Kusuma had written a letter and diary soon before her death. Diary submitted to the police through her is denied. According to PW.1 the I.O., searched the diary, She denies that the cuase of death of her daughter has been concealed with malafide intention. She denies the message exchange between the deceased and accused soon before her death. There was no quarrel between the deceased and PW.1 soon before her death. Ex.D6 is the copy of complaint filed by PW.1 against her second husband. Ex.PD7 to D9 are nothing do with the case on hand, as these documents are pertaining to previous litigations between PW.1 and her second marriage.
13.PW.2 Nandakumar.K, the brother of the deceased- Kusuma deposed that the marriage between accused No.1 and deceased solemnized on 6.5.2009 at Guddadahalli NAK Choultry. The accused herein demanded gold and silver ornaments and cash of Rs.1,50,000/- by way of dowry at the time of marriage talks. Accordingly, gold and silver articles, cash of Rs.1,50,000/- were given to the accused herein. After the marriage the deceased-Kusuma went to the house of accused. She was leading happy married life for some time and thereafter the accused herein insisting for site. The 16 SC No.650/2012 deceased-Kusuma was not provided with food. After one and half month of marriage deceased-Kusuma telephoned and told that the accused No.1 is having extra marital relationship. On 1.7.2009 at about 2.00 p.m. when he was in the college PW.1 telephoned him and told that Kusuma was suffering, he advised PW.1 to take her to the hospital. Later she was shifted to Sagar Hospital, Jayanagar, Bangalore, when he rushed to the Hospital, the Doctors who treated deceased-Kusuma told that she might have consumed poison, and she is not responding to the treatment. On the same day at 4.15 p.m. Kusuma died in the Hospital. PW.1 has filed complaint to the jurisdictional police. The jurisdictional police visited the place of occurrence, and found a note book marked as Ex.P8. Ex.P9 is a diary written by deceased - Kusuma, same was seized under Ex.P10 mahazar. The accused herein used to advise the deceased to wear saree instead of modern dress after her marriage. Deceased was not able to cook, but the accused herein were insisting her to cook. The deceased had joined NCC Camp at Simla after her marriage. He does not know who has booked her railway ticket. Deceased-Kusuma and her teammates got appreciation letter from the Hon'ble Governor of Karnataka. He does not know who has accompanied with his mother, to take the deceased - Kusuma to the Hospital. Ramakrishna Nursing is situated around nine kilometers away from the place of occurrence. He does not know the name of the Doctor who reported that the deceased-Kusuma is not responding to the treatment, and she might have consumed poison. He does not 17 SC No.650/2012 know where his mother i.e., PW.1 took treatment, as his mother was unconscious immediately after the incident. The I.O., himself has searched Ex.P8 note book in which Ex.P9 document was traced. Ex.D1 admission form of the deceased contains his name as Guardian. He does not know anything about the messages exchanged between the deceased and accused No.1 soon before the death. When the deceased has written Ex.P9 document is not known to him. He is not aware whether the Ex.P9 document written at one stretch or not. Mobile phone belongs to the deceased- Kusuma was not handed over to the I.O., he did not see any empty poison bottle in the place of occurrence. He came to know after the death of Kusuma that she was pregnant. Marriage between the accused No.1 and Kusuma was against his wish. He knows Srirama Reddy, Advocate, who represent PW.1 in a Court of Law. He denies that a false case is registered against the accused herein with ulterior motive.
14.PW.3 Prakash, the relative of the deceased-Kusuma, deposed that he is brother of PW.1, at the time of marriage talks the accused herein demanded for gold ornaments, watch and site as dowry. Accordingly, the parents of the deceased gave gold ornaments, watch etc., to the accused No.1. The marriage of deceased and accused No.1 solemnized at Anjaneya Temple, Kengal, Channapatna. The accused herein were not providing food to the deceased after marriage. PW.1 telephoned and told the same. The deceased had come to her parents house in the month of Ashada, he met the deceased 18 SC No.650/2012 and the deceased told him that the accused herein are insisting to bring site. He came to know that the deceased- Kusuma died in the Sagar Hospital, Jayanagar, Bangalore.
15.PW.4 Mariyamma deposed that marriage between the deceased-Sumathi and accused No.1 was solemnized about 9 years back. The accused herein and the deceased were residing in the same vicinity. She does not know as to why Kusuma committed suicide. Mother of the deceased had visited to the residence of the deceased and she was saying that the deceased was subjected to harassment. She went to Sagar hospital and saw the dead body of the deceased. Ex.P11 Inquest Mahazar was drawn in her presence. The accused herein were insisting for cash and site from the parents of the deceased. She did not give any statement to the I.O., Deceased-Kusuma was alive when she visited Sagar Hospital, but she did not speak to her, as the deceased was admitted to ICU. She is deposing based on the information collected from PW.1 that the deceased was subjected to harassment. She is a hearsay witness, has no personal knowledge about the alleged offences committed by the accused herein.
16.PW.5 Latha being the sister of PW.1, deposed that marriage between the accused No.1 and deceased-Kusuma was solemnized on 6.5.2009 at Kengal Anjaneya Temple, Channapatna. At the time of marriage gold ornaments and caus of Rs.1,50,000/- were given to accused No.1. The parents of the deceased-Kusuma promised to give a site. After the marriage deceased-Kusuma was residing with accused herein 19 SC No.650/2012 at Avalahalli, Byatarayanapura, Bangalore. PW.1 told her that deceased-Kusuma met with torture in her matrimonial home for not giving site as promised. She did not visit the house of the deceased-Kusuma. PW.1 told her that deceased-Kusuma consumed poison and admitted to the Hospital. Later PW.2 Nandakumar telephoned her and told that Kusuma is no more. She rushed to Sagar Hospital and saw the dead body. On the date of incident deceased-Kusuma returned from the college, and the accused No.1 joined her in the house of PW.1. The accused No.1 went outside in the afternoon, and later Kusuma consumed poison. PW.1 told her regarding incident. She did not seen the accused herein in the Hospital. PW.1 and PW.2 as well as neighbouring residents of PW.1 had visited the Hospital. She does not know as to when cash of Rs.1,50,000/- paid to the accused. She further deposed regarding payment of gold, cash and promised to give site etc., based on the informations gathered through PW.1. She is a hearsay witness, has no personal knowledge regarding demand of dowry or additional demand for site made by the accused herein.
17.PW.7 Dr. R. K. Pramod, Tutor, FSL Division, Victoria Hospital, Bangalore, deposed that on 2.7.2009 on request of Special Tahasildar, Bangalore North, conducted postmortem on the dead body of deceased-Smt. Kusuma and issued PM report marked as Ex.P13. It is significant to note that PW.7 has collected blood and viscera and the same has been sent to FSL, for test. Brain Sample, pieces of lungs, heart and kidney are also sent to Department of Pathology for Histo-pathological 20 SC No.650/2012 examination. PW.6 Dr. D.C. Prabhu being Professor and Head of Pathology Division, Bangalore Medical College, has examined the samples sent to him and issued Ex.P12 histo- pathology report, in which patchy pulmonary oedema found in the lungs sample. Based on the Histo-pathology report PW.7 gave his final opinion that the death of Smt. Kusuma is due to respiratory failure as a result of "consumption of some substance containing phenyl compound". It is clear from the medical evidence available on record that the deceased-Smt. Kusuma had consumed a chemical like substance containing phenyl compound. However, PW.7 further denied that in case of consumption of phenyl stomach contents need not be smelled, and abnormal smell was not found at the time of conducting postmortem. Even if the deceased did not consume poisonous substance, the lungs may contains abnormal liquid substance. It is clear from the evidence of PW.6 and PW.7 that the death of deceased is due to respiratory failure as a result of consumption of some substance containing phenyl like compound.
18.PW.8 Dr. K. Anand Medico Lego consultant, Sagar Hospital, Bangalore deposed that on 1.7.2009 at about 3.00 p.m. deceased-Smt. Kusuma was admitted to Sagar Hospital, Tilaknagar, Bangalore, with history of severe stomach pain. The deceased was referred by Ramakrishna Hospital to Sagar Hospital for higher treatment. The accused No.4 was accompanied with the deceased, and the deceased was under
semi-conscious stage, her speech was not oriented. She was 21 SC No.650/2012 admitted to ICU and Expert Medical Officers gave treatment to her in Sagar Hospital. At about 3.15 p.m. her pulse rate was gradually reduced and she became unconscious. All possible treatment was give to save her life. However, deceased- Kusuma died at 4.25 p.m. in Sagar Hospital, Bangalore, and the same has been informed to the Jurisdictional Police by Dr. Syed Javed Iqbal, Medical Officer at Tilak Nagar, Hospital with death certificate and a letter marked as Ex.P14 and P15. The dead body of the deceased was shifted for conducting PM Report without mentioning the cause of death. He has issued Ex.P16 letter to the jurisdictional Police in this regard. During cross-examination PW.8 further deposed that as per the lab report the deceased-Smt. Kusuma attained puberty and she was pregnant. The accused No.1 has signed the medical report pertaining to the deceased at Sagar Hospital, Bangalore. Ex.P16 letter issued by Sagar Hospital to the Police Inspector, Chamarajpet P.S., Bangalore, further reveals that deceased- Smt. Kusuma was brought to the Emergency Department of Sagar Hospital. She was referred from Ramakrishna Nursing home with history of severe pain abdomen and on examination conscious, disoriented and her condition was serious and critical. Emergency treatment was given after relevant investigation, she had sudden collapse at 3.15 p.m. Cardio- pulmonary resuscitation and other emergency treatment was continued by the specialists, but she was not responding, and was declared dead around 4.20 p.m. 1.7.2009. Medico-legal case was registered and police were informed. Stomach wash 22 SC No.650/2012 was not collected in the Sagar Hospital, Jayanagar, Bangalore.
19.PW.9 K. Ranganathaiah the Special Thasildar, Bangalore North Taluk, deposed that on request of I.O., on 7.2.2009 he prepared Inquest Mahazar marked as Ex.P11 in the presence of inquest mahazar witnesses by giving notices to them as per Ex.P17. He has also recorded statements of PW.1 and PW.2, but he does not know the cause of death.
20.PW.12 Kavya being the neighboring resident of PW.1, turned hostile and not supported the case of the prosecution. She denies that she was tenant under PW.1, she is not aware about the love marriage between deceased-Kusuma and accused No.1. She is also not aware about the alleged demand by the accused for dowry, site etc., and her statement was not recorded by the I.O., as per Ex.P22.
21.PW.13 Sarojamma though admitted that she was tenant under PW.1 at Rudrappa Garden, Chamarajpet, Bangalore, she is not aware about the facts of the case or the cause of death of deceased-Smt. Kusuma. She denies statement given before I.O., marked Ex.P23. Both PW.12 and PW.13 being the independent witnesses not supporting the case of the prosecution.
22.PW.14 Sathyavathi.S, Police Inspector, Basavanagudi P.S., Bangalore, deposed that on 14.08.2009 she received records pertaining to crime No.208/2009 of Chamarajpet P.S., Bangalore, and registered Basavanagudi P.S., Crime No.162/2009. Ex.P24 is letter addressed by Chamarajpet P.S., 23 SC No.650/2012 and Ex.P25 is the FIR forwarded to the Jurisdictional Magistrate. PW.14 handed over further investigation to PW.16. PW.15 Devendra being the friend of PW.2 Nandakumar deposed that the sister of PW.2, Kusuma committed suicide by consuming poison. In July 2009 he has visited the house of PW.1, the I.O., collected admitted handwriting as well as note book containing death note/diary of deceased-Kusuma and drawn Ex.P10 mahazar in his presence. He identifies Ex.P8 and P9 seized under Ex.P10 Mahazar. Thereafter he has visited Sagar Hospital and he came to know through PW.1 and PW.2 that the deceased-Kusuma meted out torture in matrimonial home after her marriage. The concerned police did not issue notice to him before drawing Ex.P10 Mahazar. He did not personally handed over college Bag, empty poison bottle and Mobile phone to the I.O., He also stood as witness to the case filed by PW.1 against her second husband. It seems that PW.15 is chance witness examined by the prosecution to prove the seizure of admitted handwriting as well as disputed documents like Ex.P8 and P9. The defence of the accused that she was not yet reached home after attending her classes on the date of death.
23.PW.16 Radha, Police Inspector, Basavanagudi P.S., Bangalore deposed that on 3.2.2010 she has sent admitted and disputed handwriting of deceased-Kusuma to the handwriting expert and received the report marked as Ex.P.18 and P.19. Ex.P20 is the sample seal, Ex.P21 is FSL report received by 24 SC No.650/2012 PW.16 in the course of her investigation. Thereafter PW.16 produced the FSL report before the Medical Officer for his final opinion and later she got Ex.P12 and Ex.P13 final opinion of Medical Officer regarding cause of death, collected marriage invitation card, photographs, ID cards, marked as Ex.P2 to P4, Ex.P22 and Ex.P23. She admitted during cross-examination that mobile phone call details of accused No.1 and the deceased were not secured, till she got final opinion of the Medical Officer. The cause of death was not known to her in the course of investigation,except oral statement of the mother of the deceased. No document was produced by the parents of deceased regarding payment of dowry at the time of marriage of deceased with accused No.1.
24.PW.18 B. G. Rathnakar, Chamarajpet P.S., deposed that he has registered Chamarajpet P.S., Crime No.208/2009 forwarded the FIR to the jurisdictional magistrate as per Ex.P26, and requested the Tahasildar, Bangalore North to draw inquest mahazar, and handed over the dead of the deceased to her parents after postmortem. On 4.7.2009 PW.18 visited place of occurrence, drawn the mahazar marked as Ex.P10, collected Ex.P8 and Ex.P9 i.e., the admitted handwriting and note book of the deceased, sent viscera collected by the Medical Officer to the FSL and transferred the case to the Basavanagudi P.S., Bangalore. PW.18 has not collected call details of both accused No.1 and the deceased. Ex.P8 and P9 documents were seized from the place of occurrence, but empty poison bottle or any other evidence to show that the deceased has consumed 25 SC No.650/2012 poison, has not been seized by PW.18 in the course of investigation. The accused herein were arrested based on Ex.P1 complaint filed by PW.1. According to PW.18, Pw.1 was conscious at the time of filing complaint, the deceased was residing with her parents soon before her death. Ex.D11 answer was given by him to the application filed by accused No.4 under RTI Act. Except death note and admitted handwriting i.e., Ex.P8 and P9 no other documents were seized under Ex.P10 Mahazar. He came to know during investigation based on Ex.P12 document, that the deceased was pregnant. He is not aware about the site purchased in the name of deceased two years before her death. He denies that the daughter of PW.1 Kusuma died due to raptured ectopic pregnancy.
25.PW.17 H. Veerabhadregowda, ACP, Basavanagudi Sub-Division, Bangalore, filed the charge sheet against the accused herein.
26.The defence set up the accused herein that the deceased-Kusuma died due to raptured ectopic pregnancy. Accused No.1, 2 and 4 filed their respective written statement and contended that the entire case is misdirected by the complainant. The I.O., has followed mere procedure without getting into actual circumstances and without meaningful investigation in spite of having material evidence. In fact the wife of accused No.1 deceased-Smt. Kusuma was pregnant at the time of death. The Doctors referred for clinical test to check for raptured ectopic pregnancy conferred vide report on record.
26SC No.650/2012 The deceased had property in her name gifted by her father. The complainant cleverly in order to avoid property flowing to class one heir using trick and strategy of arm twisting methods in connivance of advocate and police has filed false case against the accused herein The complainant hides pregnancy and its related issue and there is no whisper either in complaint or in her evidence. During deceased stay at her parents house, accused No.1 got SMS stating that the deceased is pregnant and received a call from the deceased stating that she has missed menstrual period. The deceased has expressed that she is not willing to have a child and not ready to carry baby to college within two months of marriage. There was heated arguments among deceased Kusuma and her mother. This being the case complainant called accused to advise deceased Kusuma. The accused No.1 expressed that he is not having any problem to have a child nor have any objections to postpone it and left the matter among them to decide. The deceased Kusuma attended college regularly and again called the accused No.1 after two days. The deceased attended the college regularly and called the accused No.1 for a movie. Hence, soon before death there is very caring and loving emotions were found. What is the real cause of death of deceased is the vital issues which is not come to light in the course of investigation. The actual reason for cause of death is pregnancy. There was absolutely no dispute in entire married life of 56 days and there is no element of dowry was raised till the date of death. The deceased was residing at complainants' 27 SC No.650/2012 base and the burden is on the complainant to explain. Hence, the accused herein prays to consider their written statement in the interest of justice. The accused No.1 examined as DW.1 and he deposed that the deceased was residing with him only 10-11 days. After marriage she went to Jammu and Kashmir to attend the NCC camp. Soon after return from NCC Camp she went to the house of complainant since it was Ashada Masa. The deceased informed him regarding her pregnancy through SMS. The deceased was not happy with pregnancy as she intended to pursue her study. When he visited the complainants' house the complainant advised the deceased to get a child. On 1.7.2009 in the afternoon he received message from the deceased to go to film. He had missed call from the deceased also. He called the deceased through phone once again at that time she was moving her vehicle from the parking place of Vijaya College Campus. The deceased told him that she herself will escort him to the movie at Chandrodaya Theatre. But he received telephone call at about 1.45 p.m. that the deceased fell down in south end circle. He rushed to the said place with accused No.4 and found the deceased at KPN Travels near South End circle. Thereafter deceased was shifted to Ramakrishna Hospital and she was again shifted to Sagar Hospital for higher treatment. The learned counsel for the accused herein has confronted Ex.D1 to D9 documents to PW.1. These documents are nothing to do with the case on hand. Ex.D10 is mahazar alleged to have been drawn in the year 2006 in no way connected to this case.
28SC No.650/2012 Ex.D11 is the letter issued by Sagar Hospital and the similar document has been produced by the prosecution. Ex.D12 to D17 are test reports/attendance particulars of deceased, Ramakrishna Nursing Home receipts/case sheets of Sagar Hospital, which reveals that the deceased had raptured ectopic pregnancy When she was admitted to Sagar Hospital. Ex.D18 is newspaper report regarding death of the deceased published on 37.2009. Ex.D19 is study certificate. Ex.D20 is certified copy of property extract and Ex.D21 is certificate U/s.65B of Indian Evidence Act for having collected photographs/videographs of the mobile images of the accused No.1, and denied the allegations that the deceased was subjected to physical and mental harassment for dowry. It is significant to note that the burden is on the prosecution to establish its case beyond all reasonable doubt. The Sagar Hospital has given a report which reveals that the deceased- Kusuma was pregnant, stomach wash was not collected. Ex.P.13 PM Report issued by PW.7 Dr. Pramod.R.K., reveals that blood and viscera sent to FSL for examination but the stomach wash was not collected. Ex.P13 PM report further reveals that external and internal organs of generation is intact, cavity is empty. The deceased-Kusuma died in the Sagar Hospital and thereafter her dead body was shifted to Victoria Hospital, Bangalore, for conducting postmortem. The report of Sagar Hospital regarding raptured ectopic pregnancy is not in conformity with the PM report. PW.7 has not deposed, as to whether raptured ectopic pregnancy was found. Medical 29 SC No.650/2012 evidence available on record in this regard is quiet contrary to each other. PW.8 even during cross-examination admitted that the deceased-Kusuma was pregnant. Ex.P16 report of Sagar Hospital, particularly the case sheet reveals that the deceased had raptured ectopic pregnancy. But the same is not found in the internal organs of generation of the deceased. There is no explanation by the prosecution regarding contradictory medical evidence available on record as discussed above. The accused No.4 examined as DW.2 and he deposed that on 1.7.2009 he received telephone call that the deceased fell down near Jayanagar 4th Block, South End Circle, KPN Travels, and he rushed to the said place, found the deceased near KPN Travels and shifted her to the Ramakrishna Hospital for treatment. Presence of accused No.4 with the deceased in Ramakrishna Hospital as well as in Sagar Hospital has been spoken by the Medical Officers examined on behalf of the prosecution. If at all the accused herein having ulterior motive there was no reasons for the accused No.4 to rush to the Hospital and help the deceased to get treatment at Sagar Hospital.
27.PW.10 Jeenath M. Senior Scientific Officer, FSL, Bangalore, deposed that on 23.11.2009 she has received sealed cover containing suicide note/diary as well as admitted handwriting of the deceased, and she examined the same, issued her opinion marked as Ex.P18. Ex.P9 is produced as death note which is written on three different dates. at one stretch. Ex.P9 further reveals dates 5.5.2009, 17.05.2009, 30 SC No.650/2012 11.06.2009. Dates mentioned as 5.5.2009 is one day earlier to the marriage of the deceased with accused No.1. How can the accused herein subject the deceased for mental physical torture even before marriage? As on 5.5.2009 it is written that after marriage the husband started to give torture a lot. The nature of torture, she come across that her husband was not property talking to her. No body is liking her in her matrimonial house. She thought that her husband is not liking her etc., On 17.05.2009, she went to room and closed the door, her husband was sleeping, she thought that she has been cheated etc., It appears that she has written so many things regarding her health as well as conduct of the accused and her problems to lead matrimonial life etc., Ex.P9 is neither written soon before marriage nor making any specific allegations against any particular accused regarding dowry harassment. As as on 17.5.2009 there is an entry in the diary, which reads as follows:-
The night he went to room and closed the door and he sleeped. I and his family setting outside where should I want to sleep all are seeing my face only, I got too hurt that I decided to die only. He told that I do not know how did I closed the door, but how it hurts you know, my brother was loving me lot more than his life, but I cheated him and my mother che I hate myself for loving Kumar. After I went to camp, he used to told me enjoy why you will think of me he used to tell. And one day my health is not good, I told him but he did not care also for that. The same I told with my mom and brother, the next day also they call me and asked about my health. But he used to called 31 SC No.650/2012 me only I thought of die there only. But some power is left, so I came back I love my mother and brother no one can take their place. They are god I missed such a family I think they want get me.
As on 11.06.2009 there is an entry in the diary, which reads as follows:-
When I came back to home no body no one asked me how are you just they are doing their jobs after evening Kumar did not talk to me only he was silent he did not speak one word also all of them went outside only I and Kumar was there in home, that time also he did not speak with me. He was getting ready to go temple. He did not tell one word also that he will go out just he got ready he closed the door and he went. I got too hurt that I cried a lot and lot again. I thought to die. The last day is my birthday that I will die sorry brother.
28.PW.10 compared the Ex.P.9 disputed document seized as death note/diary, but it is in the form of diary. Ex.P9 handwriting is compared with the admitted handwriting of the deceased-Kusuma marked as Ex.P8. PW.10 issued certificate marked as Ex.P.18 stating that the person who wrote admitted writing marked as S1 to S27 also wrote the questioned writing marked as QD1 and QD2. PW.10 has adopted scientific method to examine the disputed documents and issued certificate to the effect that the disputed handwriting belongs to the deceased. Though the document produced at Ex.P9 as death note the same is not in the form of death but it is in the form diary written by deceased on three different dates 32 SC No.650/2012 expressing her difficulties to lead her life with accused herein after marriage in her matrimonial home. The deceased has not alleged any active act committed by the accused herein or demand of dowry either at the time of marriage or after the marriage. The inaction of the accused herein or the silence of the accused herein in the matrimonial home created humiliations to the deceased to lead her life and to get herself adjust with the accused herein. It is significant to note that the last writing of the deceased according to Ex.P.9 entered in the diary on 11.06.2009, but she has been admitted to the hospital on 1.7.2009. PW.11 Rangegowda, Scientific Officer who examined blood, viscera and other parts of the internal organs sent to him in the course of investigation and issued a report marked as Ex.P.21. It is clear that presence of phenyl contents were detected in Item No.1 to 3 i.e., 1., stomach and its contents and portion of small intestine and it contents, 2.
Portion of lever and one kidney, and 3.blood with preservative sodium fluoride. . It seems that the deceased consumed phenyl like substance soon before her death and she was admitted to Ramakrishna Hospital and thereafter shifted to Sagar Hospital, where she is reported to be dead.
29.It is the case of the prosecution that the marriage between deceased-Kusuma and accused No.1 solemnized on 6.5.2009 at Kengal Anjaneya Temple, Channapatna. At the time of marriage the accused herein on demand received Rs.1,50,000/- cash, gold articles, watch as dowry and also demanded for a site by way of additional dowry. After the 33 SC No.650/2012 marriage the deceased-Smt. Kusuma started residing at here matrimonial home, the accused herein subjected her to physical and mental cruelty for additional dowry by way of site. The accused herein were not providing adequate food to the deceased. The deceased was residing in her parents house in the month of Ashada. On 30.06.2009 the accused No.1 visited the parents house of the deceased, and he went outside on the next day morning i.e., 1.7.2009 the deceased used to say that she is unable to tolerate the mental torture and deceased went to college and came back at 2.00 p.m. The accused No.1 also came there and both accused No.1 as well as the deceased have talks, and the accused No.1 went outside, and after few minutes the deceased found unconscious and she was shifted to Sagar Hospitals, Jayanagar, Bangalore, for treatment. The accused No.1 and 4 immediately arrived to the Hospital toprovide treatment to the deceased. The contents of Ex.P.1 complaint has been reproduced in the charge sheet and PW.1 deposed that accused No.1 and deceased were talking in the room, she was in kitchen, later she went to the room, accused No.1 went outside. The deceased-Smt. Kusuma was unconscious and not able to speak, she immediately called the neighbouring people, deceased was shifted to Ramakrishna Hospital in an ambulance with the help of Sarojamma and Nandakumar. Later the deceased was shifted to Sagar Hospital, Jayanagar, for higher treatment. Accused No.1 Kumar was very much present in the Ambulance to provide treatment to the deceased, the deceased was asking for water.
34SC No.650/2012 An attempt made by accused No.1 to provide medical aid to the deceased by shifting her to Sagar Hospital, is a fact admitted by PW.1. If at all the accused No.1 intended to commit an offence punishable U/s.304B of IPC, he would not have made an attempt to save the deceased by shifting her to Sagar Hospital for higher treatment. The accused No.4 also present to provide treatment to the deceased at that point of time even according to PW.1. PW.2 Nandakumar being the brother of the deceased-Kusuma was angry with PW.1 for performing marriage of the deceased-Kusuma with accused No.1. The said marriage was performed without his consent. According to PW.2 his mother telephoned him and informed regarding consumption of poisonous substance by the deceased. He rushed to the Hospital and the deceased last breathed at 4.15 p.m. Except oral testimony of PW.1 and PW.2, there is no other documents to establish payment of dowry of Rs.1,50,000/- at the time of marriage. PW.2 further admits that the deceased- Kusuma came back to her parents house by residing only one day in the house of accused herein immediately after marriage. The deceased used to visit 2-3 times to her matrimonial home. On 18.05.2009 she went to NCC Camp at Shimla. She came back from Shimla on 11.06.2009. She received award from the Hon'ble Governor of Karanataka at Raja Bhavan, Bangalore, on 16.06.2009. On 19.06.2009, she participated in a function in her matrimonial home along with PW.1. When he received telephone call from his mother on 1.7.2009, he did not instruct his mother to go to a particular Hospital. Ramakrishna Nursing 35 SC No.650/2012 home is situated around 9 kilometers away from his house. The Medical Officers at Sagar Hospital, told that the deceased- Kusuma was not responding to treatment. PW.1 did not inform as to whether deceased-Kusuma fell down in the room before shifting to the Hospital. He is not aware about the message sent by deceased-Kusuma to accused No.1. He is not aware when deceased-Kusuma written Ex.P9 diary. Sample bottles of chemical substance alleged to have been consumed by deceased-Kusuma was not handed over to the police. He denies that pregnancy of deceased-Kusuma was not disclosed to the accused No.1. He came to know about the pregnancy of deceased-Kusuma after her death. Site purchased by his father in the name of the deceased when she was two months old baby. Except the oral testimony of PW.1 and 2, there is no evidence on record to establish the physical and mental harassment meted out by the deceased, offence of dowry death alleged to have been committed by the accused herein soon before her death is not substantiated. The deceased-Kusuma died within 58 days of her marriage. She went to Shimla for NCC Camp around 20 days and she stayed with the accused herein hardly few days after her marriage, she came back to her parents house in Ashada Masa. Admittedly, the accused No.1 visited her parents house on the date of death itself. Medical records produced by the prosecution clearly reveals that the accused No.1 accompanied deceased to shift her hospital to provide treatment. The accused No.4 was very much present in Sagar Hospital soon before her death.
36SC No.650/2012 Admittedly the deceased had reptured ectopic pregnancy when she was admitted to the Hospital, the cause of death is due to respiratory failure as a result of consumption of some substance containing phenyl compound. It is not the case of the prosecution that the accused herein made the deceased to consume phenyl like substance with intention to commit an offence of dowry death. Ex.9 is not a death note left by the deceased soon before admitting to the Hospital. On the other hand Ex.P9 is in the form of diary written by the deceased on different dates, wherein she expressed her difficulties to live reside in the matrimonial home with the accused herein. Change of atmosphere in matrimonial home is mentioned expressed in Ex.P9 diary written by deceased, vague allegations or different atmosphere in the matrimonial home of the deceased itself is not a ground to presume that the accused herein have committed the alleged offence of dowry death.
The learned counsel for the accused herein relied upon the decisions reported in a.(Criminal Appeal No.790/2017 @ Petition(s)) for Special Leave to Appeal (CRL.) No(S).1165/2017] Heera Lal and ANR Vs. State of Rajasthan b. Criminal Appeal No.496 of 2014, 977 of 2013 (State by Kamakshipalya Police Station, Bangalore V. Papamma) of Hon'ble High Court of Karnatka, c.Criminal Appeal No.58 of 1992(Harikumar Vs., State of Karnataka) of Hon'ble High Court of Karnatka, 37 SC No.650/2012 d.Criminal Appeal No.1592 of 2011(Sher Sing @ Partapa Vs. State of Haryana ) of Supreme Court of India(From:Punjab and Haryana), e.Criminal Appeal Nos.1735-1736 of 2010 (Satbir Singh Vs., State of Haryana0 of Hon'ble Supreme Court of India.
No dispute regarding the ratio laid down in the above referred decisions. The basic ingredients to attract the provisions of Sec.304B are
(i) the death of the women should be caused by burns or fatal injury or otherwise than under normal circumstances;
(ii) Such death should have occurred within seven years of her marriage
(iii) she must have been subjected to cruelty or harassment by her husband or any relative of her husband;
(iv)such cruelty and harassment should be for in connection with demand for dowry.
If Sec.304B of IPC r/w Sec.113B of Evidence Act, a comprehensive picture emerges that if a married women dies in an unnatural circumstances at her matrimonial home within seven years from her marriage and there are allegations of cruelty or harassment upon such married women for or in connection with demand of dowry by the husband or relatives of the husband, the case would squarely come under dowry death and there shall be presumption against the husband and the relatives. In order to hold an accused guilt of an offence U/s.304B of IPC it has to be shown that apart from the fact that 38 SC No.650/2012 the women died on account of burn or bodily injury, otherwise than under normal circumstances within seven years of her marriage, it has also to be shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with any demand for dowry. Only then would such death be called dowry death and such husband or relative shall be deemed to have caused death of women concerned as held in 2010 AIR SCW 3673(Durgaprasad and another Vs., State of AP). Hon'ble High Court of Karnataka in 2020(5) KCCR 905 (Mahalingappla Vs., State of Karnataka) held that death of victim within seven years from the date of marriage alone can not be ground to convict the accused. Physical and mental harassment meted out by the deceased resulted in her suicide and receiving of dowry at the time of marriage, demand for additional dowry after marriage has not been established by the prosecution with available evidence on record. The prosecution has failed to establish the charge leveled against the accused No.1, 2 and 4 beyond all reasonable doubt. Accordingly, I answer points No.1 to 5 in the Negative.
42. Point No.6: In the result, therefore, I proceed to pass the following:-
39SC No.650/2012 ORDER Acting U/s.235(1) of Cr.P.C. the accused No.1, 2 and 4 are hereby acquitted of the offences punishable U/s.498A and 304B r/w Sec.34 of IPC and Sec.3, 4 and 6 of DP Act. The Bail and Surety bonds of accused No.1, 2 and 4 stand canceled.
(Dictated to the Stenographer directly on computer, corrected by me and then pronounced in open Court on this the 10th day of January, 2024) (Manjunatha) XLV Addl. City Civil & Sessions Judge, Bengaluru (CCH 46) Digitally signed by MANJUNATH MANJUNATH RAMA NAIK RAMA NAIK Date:
2024.01.20 13:17:21 +0530 40 SC No.650/2012 ANNEXURE List of Witnesses examined on behalf of Prosecution:
P.W.1: Smt. Sumathi P.W.2: K. Nandakumar P.W.3: Prakash P.W.4: Mariyamma P.W.5: Raju P.W.6: Dr. Prabhu P.W.7: Dr. Pramod.R.K. P.W.8: Dr. K. Anand P.W.9: K. Ranganathaiah P.W.10: Neenath.M P.W.11: R. Range Gowda P.W.12: Kavya P.W.13: Sarojamma P.W.14: Sathyavathi P.W.15: R. Devendra P.W.16: Radha P.W.17: H. Veerabhadregowda P.W.18: B. G. Rathnakar.
List of Documents exhibited on behalf of Prosecution:
Ex.P.1: Complaint
Ex.P.2 to P.7:Photographs
Ex.P.8: Note Book
Ex.P.9: Death Note
Ex.P.10: Spot Mahazar
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SC No.650/2012
Ex.P.11: Inquest
Ex.P.12: Report of Department of pathology
Ex.P.13: PM Report
Ex.P.14: Letter dated 1.7.2009 of Sagar Hospitals,
Jaynagar, Bangalore
Ex.P.15: Death Certificate
Ex.P.16: Letter dated 4.7.2009 of Sagar Hospitals,
Jaynagar, Bangalore
Ex.P.17: Notice
Ex.P.18: FSL Report
Ex.P.19: Reasons for Opinion
Ex.P.20: Sample Seal of FSL
Ex.P.21: FSL examination report dated 13.01.2010
Ex.P.22: Statement of PW.12
Ex.P.23: Statement of PW.13
Ex.P.24: Letter dated 31.07.2009
Ex.P.25: FIR No.162/2009 dated 14.08.2009
Ex.P.26: FIR No.208/2009 dated 1.7.2009
Ex.P.27: PF No.75/2009 dated 4.7.2009.
List of Witnesses examined on behalf of Accused:
D.W.1: Kumar D.W.2: Manjunatha.
List of Documents exhibited on behalf of Accused:
Ex.D.1: Application
Ex.D.2: Caste Certificate
Ex.D.3: Fee Card
Ex.D.4: Transfer Certificate
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SC No.650/2012
Ex.D.5: Copy of Deposition in CC No.10727/2007
Ex.D.6: Copy of complaint in PCR No.14882/2006
Ex.D.7: Copy of FIR Crime No.160/2006
Ex.D.8: Copy of Head Note of Charge sheet
Ex.D.9: Copy of Pass Book
Ex.D.10: Mahazar
Ex.D.11: copy Letter dated 4.7.2009 of Sagar Hospital
Ex.D.12: copy of Sagar Hospital test report dated 2.7.2009
Ex.D.13: Copy of attendance ledger extract
Ex.D.14: Bills of Ramakrishna Nursing Home
Ex.D.15: Copies of case sheet of Sagar Hospitals
Ex.D.16: copy of HDFC Bank statements
Ex.D.17: Sagar Hospital Letter
Ex.D.18: Newspaper cutting
Ex.D.19: copy of Study Certificate
Ex.D.20: copy of sale deed
Ex.D.21: Certificate U/s.65B of Evidence Act and pen drive.
List of Material Objects marked on behalf of Prosecution:
NIL
(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru (CCH 46)
Digitally signed by
MANJUNATH RAMA
MANJUNATH NAIK
RAMA NAIK Date: 2024.01.20
13:17:34 +0530
43
SC No.650/2012
Accused No.1, 3 and 4 present,
Learned counsel for accused present
Learned Public Prosecutor present.
Judgment pronounced in the open Court
vide its separate order
ORDER
Acting U/s.235(1) of Cr.P.C. the accused No.1, 2 and 4 are hereby acquitted of the offences punishable U/s.498A and 304B r/w Sec.34 of IPC and Sec.3, 4 and 6 of DP Act.
The Bail and Surety bonds of accused No.1, 2 and 4 stand canceled.
(Manjunatha) XLV Addl. City Civil & Sessions Judge, Bengaluru.