Bangalore District Court
(By The Learned Public Prosecutor) vs As A Dowry And Performed The Marriage By on 10 March, 2021
IN THE COURT OF XLV ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH46)
DATED THIS THE 10TH DAY OF MARCH, 2021
PRESENT:
Sri. Abdul Rahim Husain Shaikh,
B.Sc., B.Ed., LL.B.(Spl.)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.
S.C. No.840/2014
BETWEEN
State by Ashokanagar PS.,
Bengaluru .. COMPLAINANT
(By the learned Public Prosecutor)
AND
Asif Pasha, a/a 28 years,
r/a Fathiha Galli, Neelasandra,
Bengaluru. .. ACCUSED
(By Sri ASK, Advocate)
*****
JUDGMENT
The Assistant Commissioner of Police, Halasuru Gate SubDivision, Bangalore City, has submitted charge sheet against the accused for an offences 2 S.C.No.840/2014 punishable U/s.304B of Indian Penal Code in Crime No.228/2014 of Ashokanagar P.S.,
2. The factual matrix of the case is that:
The deceased Smt.Amreen Taj, who is the daughter of CW1Mr.Sadiq Pasha and CW.3 Smt.Jareena Taj, was given in marriage to accused Asif Pasha on 3.3.2011 at Corporation Community Hall situated at Austin Town, Bangalore, as per the customs prevailed in their community. At the time of marriage, the father of deceasedSmt. Amreen Taj on demand of accused and his family, had given two gold rings, wrist watch, household articles etc., to the accused as a dowry and performed the marriage by spending Rupees five lakhs. After the marriage, the deceasedsmt. Amreen Taj went to her matrimonial house and lived happily for about three months. Thereafter, the accused use to pick up quarrel with the deceased, causing her mental and physical harassment on suspicion over her character due to 3 S.C.No.840/2014 her dressing and social life with the neighbors and also subjected deceased to physically and mentally in demand of additional dowry of Rs. 20,000/. Unable to sustain the physical and mental harassment of accused, deceased on 14.04.2014 at 10.30 a.m consumed poison/insecticide in her matrimonial house. In spite of admission for treatment at Bowring Hospital she succumbed due to failure of treatment. The accused by his act has abetted the deceased to commit suicide and thereby has committed the offences as alleged.
3. The concerned police have submitted charge sheet before the jurisdictional XI Addl., CMM., Bangalore. The learned Magistrate after taking the cognizance and receipt of charge sheet for the offence U/s.304B of IPC against accusedAsif Pasha, committed the case to the Sessions Court by complying Sec.207 of Cr.P.C., furnishing charge 4 S.C.No.840/2014 sheet copies to the accused. The same was numbered as SC No.840/2014. The accused has complied Sec.437A of Cr.P.C.
4. The charge was framed readover and explained to the accused on 27.07.2015 for the offence U/s.304B of IPC, for which he has pleaded not guilty and claims to be tried.
5.The prosecution has examined in all nineteen witnesses as PW.1 to PW.19 and got marked documents at Ex.P1 to P.29. The documents, Postmortem report, two copies of police intimations, marriage certificate and FSL report have been marked at EX.P6, P9, P10, P12 and P29 respectively. As such learned PP gave up the witnesses CW.2 and CW.27 and witnesses CW.9, CW.21 to CW.24. The witness CW.11 is reported as dead. So far the witness CW.26 is concerned, this court has issued NBW, and in spite of sufficient opportunities concerned police were unable to secure the said the 5 S.C.No.840/2014 witness in view of the same, the prayer of learned PP was rejected and evidence of CW,.26 was taken as nil, with the liberty to examine the said witness CW.26, if the concerned police keep him present before the Court, before conclusion of trial.
6. After completion of prosecution side evidence, this Court has recorded the statement of accused, as provided U/s.313 of Cr.P.C. The accused has denied incriminating evidence present against him, and not chosen to lead defense evidence nor submitted anything to Court. The accused has complied Sec.437A of Cr.P.C.,
7.Heard the arguments on both sides and perused the materials on record.
8.The following points that arises for consideration of this court:
1. Whether the prosecution proves that the accused being the husband of the deceasedSmt.Amreen Taj use to pick up quarrel with the deceased causing her 6 S.C.No.840/2014 mental and physical harassment on suspicion over her character due to her dressing and social life with the neighbors and also subjected deceased to physically and mentally in demand of additional dowry of Rs. 20,000/. Unable to sustain the physical and mental harassment of accused, deceased on 14.04.2014 at 10.30 a.m consumed poison/insecticide in her matrimonial house. In spite of admission for treatment at Bowring Hospital she succumbed due to failure of treatment, and thereby the accused has abetted the deceased to commit suicide, and has committed the offence punishable u/s.304B of IPC?
2. What order?
9. This Court has answered the above above points are as under:
Point No.1: In the Negative
Point No.2: As per final order
for the following:
7
S.C.No.840/2014
REASONS
10. Points No.1 : On perusal of the prosecution papers and evidence present on record, it is very clear that the marriage of deceasedSmt.Amreen Taj with the accused was performed on 03.03.2011 in the Corporation Community Hall, situated at Austin Town. It is also admitted fact that after the marriage both the deceased and accused started to reside together. Such being the case, the main allegation against the accused is that he has been harassing the deceased with suspicion on her character that she was well dressed and having good social relationship with the neighbors. The further allegation is that the accused also use to harass the deceased to mentally and physically on demand of additional dowry of Rs.20,000/. Unable to sustain the physical and mental harassment of accused, deceased on 14.04.2014 at 10.30 a.m consumed poison/insecticide in her matrimonial house. In 8 S.C.No.840/2014 spite of admission for treatment at Bowring Hospital she succumbed due to failure of treatment, and thereby the accused has abetted the deceased to commit suicide. Immediately the concerned police have registered the FIR on the basis of the complaint of complainant for the offense punishable u/s 304B of IPC and after completion of investigation charge sheet was filed against the accused for the offence punishable U/s.304B of IPC.
11. It is pertinent to note that in order to prove the said allegations against the accused, prosecution has examined 19 witnesses as PW1 to PW19 and got marked Ex.P1 to P29. It is important to note that in the evidence of blood relatives of deceasedsmt. Amreen Taj, PW.1, PW.2, PW.5, PW.7 and PW.12 are the father, mother, sisters and brother of deceased he deposed regarding the marriage of deceasedSmt. Amreen Taj with accused. The document Ex.P28 the wedding card and Ex.P12 the marriage certificate 9 S.C.No.840/2014 produced discloses that the deceasedSmt. Amreen Taj had married accused Asif Pasha on 10.02.2011 at Corporation Community Hall, Neelasandra, Austin Town, Bangalore. In view of the same there is no dispute that the deceasedSmt. Amreen Taj married the accused and was staying in her matrimonial house along with him. It is equally important to note that all the blood related persons of deceasedSmt. Amreen Taj i.e., PW.1, 2, 5, 7 and 12 deposed that they never seen and heard the accused subjecting deceased deceasedSmt. Amreen Taj for mental and physical cruelty suspecting her fidelity and demanding dowry of Rs.20,000/. In addition to that the eyewitnesses PW.4, PW.6, PW.8,, PW.10, PW.11 and PW.13 to PW.16, who are the neighbors of accused and deceasedSmt. Amreen Taj have admitted the marriage of deceasedSmt. Amreen Taj with the accused, but have denied that accused was subjecting her for mental and physical cruelty by 10 S.C.No.840/2014 suspecting her fidelity and demanding dowry of Rs.20,000/. All the witnesses have clearly deposed that they are unable to say as to for what reason the deceasedSmt. Amreen Taj has consumed poison, and the cause of her death. It is pertinent to note that all the above witnesses PW.4, PW.6, PW.8,, PW.10, PW.11 and PW.13 to PW.16 and blood relatives PW.1, 2, 5, 7 and 12 were treated as hostile by the prosecution, but no evidence has been elicited from their mouth that deceasedSmt. Amreemn Taj was subjected to mental and physical harassment, cruelty, in demand of dowry, suspicion of fidelity and she was abetted to commit suicide by accused due to the said harassment. At this juncture I would like reproduce Sec.107 of IPC, which defines "abetment to mean that a person abets the doing of a thing if he firstly, instigates any person to do that thing; or secondly, engages with one or more other person or persons in any conspiracy for 11 S.C.No.840/2014 the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly, intention aids, by any act or illegal omission, the doing that thing".
The ingredients of Sec..107 of IPC regarding, abetment is not satisfactorily proved by the prosecution by cogent evidence and relevant documents. The charge on the accused for an offence U/s.306 of IPC is not proved beyond all reasonable doubt by the prosecution.
12.In the instant case the witnesses PW.4 Zameer Khan and PW.10Sadiq Pasha being the signatory to the inquest mahazar and pancha witnesses PW.3Muzamil, PW.9Zameer Khan have turned hostile to the case of prosecution regarding inquesst mahazar and spot mahazar. It is pertinent to note though the inquest and spot mahazar witnesses were crossexamined at length, but no 12 S.C.No.840/2014 evidence was elicited from their mouth to prove the spot mahazar Ex.P2 and inquest mahazar Ex.P.7.
13. It is obvious to note that the IO PW.17 Rangappa has registered FIR on the complaint of the CW.1 as per EX.P21 and submitted submitted requisition to CW.26 to conduct the inquest mahazar. Further it is the case of the prosecution that PW.17 has conducted spot mahazar in the presence of PW.3 and PW.9 and further handed over further investigation to PW.19Siddaramaiah. It is pertinent to note that the Ex.P2 spot mahazar is not proved before the Court, hence, the evidence of PW.17 regarding execution of spot mahazar cannot be taken into consideration.
14.In the instant case PW.19, deposed that after taking further investigation, he has arrested accused personsAsif Pasha and Akmal Pasha and produced before the court, recorded the statements of CW.4 and CW.5, and on 15.04.2014 received postmortem 13 S.C.No.840/2014 report of deceased. Further PW.19 deposed that on 25.04.2014 he received viscera and submitted PF No.92/2014 to the Court seeking permission for FSL report. Accordingly on 26.04.2014 he has submitted the viscera to the FSL, Madivala through CW.24 and collected the acknowledgement through CW.24 for having handed over viscera to the FSL authority. Further on 03.05.2014 he has recorded the statement of CW.15 and on 17.06.2014 recorded further statement of CW.1, CW.3 and CW.13. It is the further evidence of PW.19 that on 19.06.2014 he has recorded the statement of CW14 and CW16 and on 23.06.2014 again recorded the statement of CW10, CW11, CW17 to CW19. Further the evidence of PW.19 is that on 25.06.2014 recorded the statement of CW.9 and collected the marriage certificate, marriage hall challans, marriage invitation, marriage photos and submitted under PF No.121/2014 to the Court as per EX.P27. Further it is the evidence of 14 S.C.No.840/2014 PW.19 that on 27.06.2014 recorded the statement of CW.20 and after completing the investigation filed a charge sheet against accused No.1 only. It is the eivdnece of PW.19 that on 09.09.2014 he has received FSL report and submitted to the court. It is pertinent note that PW.17 and PW.19 were cross examined by the counsel for accused. The undisputed fact that has been elicited during the crossexamination that the deceasedSmt. Amreen Taj, after marriage with the accused was staying in her matrimonial huse, but the cause of death narrated by the investigating officers lacks corroboration with the testimony of the witnesses examined. In view of the same the evidence of I.O.s, PW.17 and PW.19 cannot be taken into consideration to prove that the accused has subjected his wife deceasedSmt. Amreen Taj for mental and physical harassment regard to suspicion on fidelity and in demand of dowry.
15
S.C.No.840/2014
15.From the above reasons and discussions it is found that the suicide committed by victim/deceasedSmt.Amreen Taj cannot be said to be the result of any action on the part of the accused as contended in the complaint. The prosecution has utterly failed to prove its case beyond all reasonable doubt that the accused has abeted his wife/deceasedSmt. Amreen Taj to comit suicide by causing physical and mental harassment, suspecting her fidelity and demanding additional dowry. Accordingly, I answer point No.1 in the Negative.
16. Point No.2: In view of answer of this court on points No.1, this court proceed to pass the following:
ORDER Acting U/s.235(1) of Cr.P.C. the accused is hereby acquitted of the offence 16 S.C.No.840/2014 punishable U/s.304B of Indian Penal Code.
The bail and surety bonds of accused stand canceled.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me and then pronounced in open Court on this the 10th day of March, 2021) (Abdul Rahim Husain Shaikh) XLV Addl. City Civil & Sessions Judge, Bengaluru.17
S.C.No.840/2014 ANNEXURE List of Witnesses examined on behalf of Prosecution:
P.W.1: Sadiq Pasha P.W.2: Jareena Taj P.W.3: Muzamil P.W.4: Zameer Khan P.W.5: Ameen Thaj PW.6: Aslam P.W.7: Aseena Banu P.W.8: Syed Siraj PW.9: Zameer Kan.
PW.10: Sadiq Pasha PW.11: Mohammad Hayaz PW.12: Mohammad Saleem PW.13: Mubeena PW.14: Mohammad Gous PW.15: Reshma Banu PW.16: Parvin Taj PW.17: Rangappa PW.18: Mohammad Sadiq PW.19: Siddaramaiah.18
S.C.No.840/2014 List of Documents exhibited on behalf of Prosecution:
Ex.P.1: Complaint Ex.P.2: Spot Mahazar Ex.P.3: Statement of P.W.1 Ex.P.4: Inquest Mahazar Ex.P.5: Statement of PW.1 Ex.P.6: Postmortem Report Ex.P.7: Inquest Mahazar Ex.P.8: Statement of PW4 Ex.P.9: Police Intimation Ex.P.10: Police Intimation Ex.P.11: Statement of PW5
Ex.P.12: Marriage certificate Ex.P.13: Statement of PW6 Ex.P.14: Statement of PW7 Ex.P.15: Statement of PW8 Ex.P.16: Statement of PW12 Ex.P.17: Statement of PW.13 Ex.P.18: Statement of PW.14 Ex.P.19: Statement of PW.15 Ex.P.20: Statement of PW.16 Ex.P.21: FIR No.228/2014 dated 14.04.2014 Ex.P.22: Letter from Thasildar Ex.P.23: Statement of PW.18 19 S.C.No.840/2014 Ex.P.24: Statement of HC 4393 Ex.P.25: PF No.92/2014 dated 25.04.2014 Ex.P.26: Statement of PC 7457 Ex.P.27: PF No.121/14 dated 26.06.2014 Ex.P.28: Documents and wedding card Ex.P.29: FSL report List of Witnesses examined on behalf of Accused:
NIL List of Documents exhibited on behalf of Accused:
NIL List of Material Objects marked on behalf of Prosecution:
NIL (Abdul Rahim Husain Shaikh) XLV Addl. City Civil & Sessions Judge, Bengaluru.20
S.C.No.840/2014 Order pronounced in the open Court vide its separate order ORDER Acting u/s.235(1) of Cr.P.C. the accused is hereby acquitted of the offence punishable U/s.304B of Indian Penal Code.
The bail bond and surety bonds of accused stand canceled.
(Abdul Rahim Husain Shaikh) XLV Addl. City Civil & Sessions Judge, Bengaluru.