Indian Kanoon - Search engine for Indian Law

• It is submitted that, some of the alleged eyewitness have deposed that they have given

- 11 -

their statements at Haveri Police Station and some of them deposed that they have given their statements at Byadgi Police Station, which are contrary to their statements recorded by the

10. Hence they are cooked up witness created to suit the case of the prosecution, as they are the interested witness to the complainant.

9. He pointed out that the incident said to have occurred on 09.07.2008 by virtue of the application given by the wife of the complainant to the Child Development Officer on 08.07.2008. On 09.07.2008 itself, the matter was compromised by convening the panchayath and in the presence of the elders of the village. When such being the situation, on 10.07.2008 at about 4.00 p.m. the deceased has consumed poison in her agriculture land which has been brought to the notice of the complainant by a neighbouring agriculture labourer and soon thereafter he has rushed to the spot and shifted her to the Haveri District Hospital. He also pointed out that complainant and

26. PW.14 is the ASI who proceeded to Haveri District Hospital along with PW.9 and took complaint from the complainant vide Ex.P.1 and returned the same to Byadagi police and handed over it to PW.10. His evidence is formal in nature.

27. The above evidence on record is sought to be re-appreciated by the learned counsel for the appellants.

28. In order to attract the offence under Section 306 of IPC, the prosecution has to establish the following essential ingredients:

33. No complaint came to be lodged in respect of the incident that has occurred around 7.00 p.m. on 09.07.2008 either by the deceased or by PW.1.

34. According to the prosecution, in view of the said incident, deceased was mentally depressed and she could not bear the insult that has been caused to her in the second incident and therefore, decided to end her life and

- 48 -

hence, on the next day around 4 o'clock she went to the agricultural land and consumed pesticide. Till the person who saw the deceased in a precarious condition and intimated PW.1, PW.1 was not aware of the incident, wherein the deceased has consumed pesticide. According to the complainant, the said incident was reported to him by Honnappa. Though he has been cited as charge sheet witness, for the reasons best known to the prosecution, he has not even examined by the prosecution before the trial Court. Further, on hearing the information about consumption of pesticide by the deceased, PW.1 and others rushed to the spot and shifted Shobha in an autorickshaw and brought her to Haveri District Hospital.