Karnataka High Court
The State, Thr Kalagi Ps, vs Shanthbai W/O. Balu Chawan, on 9 July, 2012
Bench: K.Sreedhar Rao, B.S.Indrakala
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 9TH DAY OF JULY 2012
PRESENT
THE HON'BLE MR.JUSTICE K. SREEDHAR RAO
AND
THE HON'BLE MRS.JUSTICE B.S.INDRAKALA
CRIMINAL APPEAL NO.3533/2009
BETWEEN
THE STATE THROUGH KALAGI POLICE STATION
...APPELLANT
(BY SRI. SUBHASH MALLAPUR, HCGP)
AND
SHANTHBAI W/O BALU CHAWAN,
AGE: 43 YEARS R/O MALGAN TANDA,
TQ. CHITTAPUR, DIST. GULBARGA
...RESPONDENT
(BY SRI. M.M. ALLUR & SRI. V.B. HUGGI, ADVOCATES)
***
THIS CRIMINAL APPEAL IS FILED U/S. 378(1) &
(3) CR.P.C. BY THE STATE P.P. FOR THE STATE
PRAYING TO GRANT LEAVE TO FILE AN APPEAL
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AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL
DT. 7.10.08 PASSED BY THE IV ADDL., SESSINS
JUDGE GULBARGA IN SESSION CASE NO.166/06
THERE BY ACQUITTING THE RESPONDENTS-ACCUSED
OF THE OFFENCE PUNISHABLE U/S. 498-A, 304-B &
306 R/W 34 OF THE IPC AND SEC, 3, 4 & 6 THE D.P.
ACT APPELLANT/ STATE BEGS TO PRESENT THIS
MEMORANDUM OF CRIMINAL APPEAL U/S 378(1) & (3)
OF THE CRPC.
THIS CRIMINAL APPEAL COMING ON FOR
HEARING THIS DAY, K. SREEDHAR RAO, J.,
DELIVERED THE FOLLOWING:
JUDGMENT
The respondent is accused no.3 against whom the case was split up at the committal stage. The accused no.1 in the case is the son of accused no.3 and accused no.2 is the husband of accused no.3. One Kavita was married to accused no.1 about three months prior to the incident.
2. It is the case of the prosecution that accused no.1 was harassing Smt. Kavitha that she was not good looking and not adept in cooking and accused no.1 was having illicit relationship with one Ravita. This conduct -3- of accused no.1 induced Kavitha to commit suicide by jumping into the well on 17.09.2002 at 6.00 a.m. in her matrimonial home. The Trial Court in S.C.No.227/2003 had convicted accused nos.1 and 2 for offence under Sections 498-A, 304(B), 306 r/w 34 of IPC and Section 3, 4 and 6 of D.P. Act. In Crl.A.No.1642/2006, this Court acquitted accused no.2 and in paragraphs 16 and 17 had made the following observations :
"16. As regards accused no.2, though his name is also generally added, since I find that two acts i.e., harassment and mental agony caused by the illicit, liaison of accused no.1 with Ravitha might have led to suicide of Kavitha, the same cannot be said in respect of accused no.2. The materials fall short of the harassment of Kavita by accused no.2 and his role in abetting the suicide of Kavitha. In that view of the matter, I am of the opinion that accused no.2 is entitled to acquittal for the said offences.
17. For the above said reasons, the appeal is allowed in part and the appellant -4- no.2 (A2) is acquitted of all the offences for which he had been convicted and sentenced. He shall be set at liberty forthwith in this case unless his detention is required in some other case. The conviction of appellant no.1 for offences punishable under Sections 304-B r/w Section 34 of the IPC and Sections 3, 4 and 6 of the D.P. Act and consequent sentence are hereby set aside and he is acquitted for the said offences. His conviction for offences punishable under Sections 498-A and 306 of the IPC is confirmed. Since the sentence imposed by the trial Court for the offence punishable under Section 306 of the IPC covered Section 498-A of the IPC also, separate sentence imposed by the learned trial Judge for the offence punishable under Section 498-A of the IPC is hereby set aside. Out of the fine amount realised from accused no.1, an amount of Rs.10,000/- shall be paid to Jamkibai, mother of the deceased Kavitha by way of compensation under Section 357 of the IPC. The order directing the refund of Rs.11,000/- + Rs.3,000/- to PW-10 Jamkibai -5- is hereby set aside. However, gold of 2½ tholas which had been given to the bride shall be returned to PW-10 Jamkibai within three months here from as already ordered by the learned Sessions Judge."
3. The allegations against accused no.3 who is respondent herein is also similar to that of accused no.2. Therefore, whatever reason that guided the acquittal of accused no.2 should also apply to accused no.3. The order of acquittal is sound and proper.
Accordingly, the appeal is dismissed.
Sd/-
JUDGE Sd/-
JUDGE KV