W .3 TEES CRHVHNAL APPEAL CONEENC} 0N FOR HEARING THIS DAY, THE CQURT DELIVERED THE FOLLOWINfI}:._ JUDGMENT
Accused in S.C.No.10/2002 onthe
Court I, Bagalkot, are the appe11a.nts.:’-._ . 3
:2. Case of the State is
of Shailaja, accused Nos; of
Shailaja, accused No.5 is accused No.6
is the mothersn to 6 being the
members of with Common object
subjected prior to 03.07.2001. On
account of Shé.i1.etJe;A’pcoerhiitted suicide at P.M.Budhni
Village yggfithin the Mudhol Police Station. So, accused
offence under Sections 498A, 306, {PC
read wEt’rj;« 1V4′.5?_~of
After’ .c_c:mmitta1, the learned 19.0. of Fast Track Court 1,
E’:a;s0.AAsccti.:”ed the presence of the accused} charge is framed:
§:cct;_sed has pleaded for trial; learned Presiding Officer has
recorded the evidence, SW1 te }3.W,2é$ are .
to 13.21 are marked, E’»/1.0.1 to 5 are mafkedfi bett}te’~.
is marked as per M.O.1, E:><,D.1 to £13
trial judge has believed the cas'e.<__ef thedf3tateV»"e:t;d'_v
convicted the accused for the dffehce cdregdlaiined by the
State. The same is cha11enged..in
4. Heard both $ides;._T for consideration
is: 1 V V _ _ V V
“Whethe’r t’eh${?i’ctiQh offthe accused is
justified in Vfacte o4f:fh,¢ ‘§a_::e?'”
5. PW.1¥VRamat)pa’«etates;;he”went to Government Hospital
at Jamkhandi per’ rgfqduedst.-‘cf the police, found male chi1d’s
Widtf; _;injufiee..e,n’d he identifies the signature on the
maha;:af~va_s”pVer;’E:i;P.1(a). The cross~examir1ation in regard to
:’u”,_xthe 1i1’a.rri”e”ofth’e..e1’hespita}, death is not disputed. P.W.2~
Vh..eRatnatwze that she knows the complainant, Basappa
c.=whéadf»eAh1y…¢ded1ghter nameiy Sayawwa and she was given in
Ute accused no.1, fezmd the dead body of Sayawwa in
V’
rnortuary and police have conducted inquest over-‘jbo’e%yY””of
Sayawwa as per E:><;.P.2 and she has signed it. Sh-aflajauis"a}sss{: '
referred as Sayawwa. Cross examination' is."rnaéi'e':Vto"'d_oubt u
that the presence of the Witness is there, East
elicited. P.W.,3~Barrr1appa statesvnthpat he the'-L'
dead body of Sayawwa. p__P.W.4~p1\z'tai3:a<iev prove
EX.P.3, the poison bottle tirawing Ex.P.3
witness has turnect.v.h0Sti:1§,'\.:'.:'F.vV»fl.hj speaks
about his Ex.P.S(b} but did
not support of police recording
mahazars pert P.W.6-Bhirnappa states
police have per EX.P.6. While seizing
I\/1.0.1 to:'5._ states that he is father of
She is given in marriage to
aeetltserétp has given birth to a child by name
' VV"hethan~…__ marriage, Shylaja was staying in the
"'.-fhesgrseppopf thtevaeeused, had cordial hving only for a span of six
"-Vrn'onths%,_then narrate the items and ornaments given at the
A/'
6
time of the marriage, narrate ef giving cane mere
after marriage.
6. While so, it is in the further evidence
that he received a phone call. ‘f’he1’_’fi1essage
Sayawwa has committed suicide”b_y”~eonsij-rairzg .330 here’
went to the hospital, fotlnd hi.sfl’»¢1_aughte’r?s.:,._deAafd body}
thereafter filed a c0mp1ait1t”‘a’s–p’e_t on the
aspect of marriage,:”q1,;esti’efi’sFregard to the
particulars cf at the time of
marriage, to status of family of
accused. eortion of evidence of this
witness. It reads} . V dd ‘ x d
;’It is V’t’a}_se te suggest that due to i11~
trevat’Ir:.,ent”–zcausedmhy me Sayawwa consumed
» p’e-isert a:1d_d–ied.”
dThe»pcitttfL:i.s’A’aéhether any father will make the life of the
dauvghtet”rni’sefah1e, This pertion of the evidence is collected
2f1’ete’ddth«at the cress–~eXaminatie:r1 is not having any aim at
not had any specific idea} specific defence and at}
‘:7 ‘.
serfs of improhabiiities are quesiiehed. It is breught
further erose–exe1nir:atien that the witness ewns_;”éi”‘§rfeete:,
owns 16 acres cf agricultural land. hittie 1ater:.:::he~V::eree.:§
examination is on the political baekgrejanéi.A’, It.’
follows:
“It is true that Bhimasi’~,$vieehak11aVar_7is
politician taking 1ee’ders}:iip ‘A L–.é;11de’~..’cond1iefing
panchayat. He is a1″s:3 T-attee1§.’df.in’€g ._the Courts,
offices, Police Stations for :11e’_Vd’€spute’–§ef ethers. I
also used to and gei”hi§;: adfitieee ifejirxy dispute
arose.” 3 . _ —
Witness thee:’~’f_e§{uestV’1of’ the parents to send
Sayawwa tojher pAéii*en:sV:’h0ujse.js refused as false one.
7.v harrates the relationship between
eceueed narrates about Sayawwa staying in the
house.df._Vaeetise_d’,..:;”She is the mother of deceased and she
Sfiaies thefi: it’? fhegvieit of her daughter to the house of P.W.8,
.1 i~’ae4_mesntien of demand for money by the accused. It is
that Sayawwa has visited parents heuse during
‘V V ‘- Adeegeefiiraii festive} also.
8. P.W’9~SidCie.ray states after the marriage Qgftgij useine
time Sayawwa returned back home, she stayed K V’
in the house, narrated that after the ghee “\Ls;9e._s’7
harassment by the accused. He else refe1′”s_ to e1<iie:'s'v:*:1ee.:ingg"–
and advising the accused. A poif€:ix€)':1 ef c:rQVse_"<:sxe;mifiation
which throws light on the :'s1<1bject"'iseeextfacted.'"i'e:'*'reads as
follows: 'V V .
“It is n0t.».c0rreet-»1;hat’–lapse of six
months on ,t’hat”_’. pa_ncha;ya;t “w_e_ received the
informatiennf, degeitlfz of ~’3&:yfaw_j2v.9;:’7.
By this suggesti0h.,””t1%1ere is’–ahA adifnission of panchayat and
advise by e1d_ers.. L
9. P.W.1_Q~Anfie.p’pa_’V-.sfafies”: he is a neighbouring land
owrier, 1.;;je7«1s;§;r:1_t ahewuéi——–erying from the house of accused
pefserxs,Twer:1::_’2L1fidAV:’i’eund that Sayawwa was rolling infront of
heuseh«anei”V’i2fheen he enquired, she said she censumed
h-peisen ameepogsmd the ehiid and getting irritated. 1: is his
ease that he iifted beth to the cart? one Nagappa drove
‘Ester he Eearmt that Sayawwa has died; He adds that
deeeaseti had a happy fife in the heuse cf the accused”
Witness has met supported the other portion of the__eé;Se..’e§: _
State, the Witness is treated as hestfleg but the_-exuejal “~
of this Witness is that he lifted the sate anettectr;i’:;:t’
when she was in troubie. None at the féffl.iiy’ efttthe
accused inciuding the n5. :e;teAvVvf5present
have made efferts to savxfefl’ tzery unusuai
approach by husbanti:’tQnVarti’S”}.1i§§j
10. P.W.1 1–Nag;éL};{;«a that of RW. 10.
He states t~h’a’t’ ” an the floor after
consuming had a talk with Sayawwa
and Sayawfwet a demand by P.W.7 te get the
mefiey V’ha;:tas§sment. For better appreciation; a
p0rti%::=_:f1″‘ef “ev:{._;’
he __ “V§3vh’en I asked she teld me P.W.?’ has
V’ .. éie:r-handed the azneunt threugh her husband and
T ” -_s?e._ due to the said harassment she consumed
‘ peisexz.”
<§
H) .
Thereafter he states in a meter cycle Saya:Amve;’~«._’:§~as
taken to the hospital but found that she was de.;{ef£. ~
ground that he has not supported the eese of in’ RV’
regard to demand for mehey as the ohie :ief19ete’d .
Sayawwa State has treated the wKit1rgess.%::s__ hQSti_1e”.._:””‘1″7e”fhis” V
witness also there is no crQe§~exa:r;ih{é§t–ie’ne,_
11. P.W.11 and PM/.12 ahehh te Sayawwa
after she consumed’:hVe€s015;” of Sayawwa is
the cause but as version of these
witnesses uh and lifted her to
cart and then zi «If any members of the family
of Sayawxgxa s:hiftedA.Sej*emWa, they could have asked in
“” if these witnesses. So it easily
preh-ahlise’ theee hhwifihesses being witnesses of the village: they
‘are gaihed Q_fJe:i;.:’~’T5.W.13 do not support the case ef the State.
1.4Vee-Ke’e–:iihai states there was a message about death ef
S_aya*3vV:i¢1aA”ahd child by Consuming poison. She she and her
? f%::_§:’ehahd have come :0 Jemkhahdi GOV6:’:”1iT1€1″1’E Hospital, saw
the dead bodies. She states that she has
Sayawwa and her Child were beaten to £05
Consume poison for the demand of goiri and
examination is that her statement is noifishowingishve haiging
stated of Sayawwa being beaten i.e.;”irnproven1eni’ is sought to
be put to the witness. II’1A__S’:.1Ch.’:a:.Si’L’L;_a7§iC.n also the cross
examination reads as follows: ”
“It is fa}se_”_r1:o }Asu_ggVest«.Vi’ih_ja.tVvhlifgave false
evidence as4_VIj’.,vmef ._Saya,v{rwa _1_E..w:c,V months prior to
her death’? ‘
There is–noeziirn, ‘r’ih};tri-rr1’–in <:ross¥eXa.rnination. P.W.15-
Nanagouda he received information
from CPL Jarr:kihianCi'i,_»– etgrnduct inquest over body of
Sayawwaqheor. conoiueted while drawing rnahazar as per
eonduers the RM. over the dead body of
Sayaivc-'wai;_ fifnd's the following nine external injuries.
'g_Near' right eye brow there is a bruise measuring 1 1/2
J1;1°1C;1Q_ X 1:5 inch.
i’-»._'”(ii)”‘ i.i’C>:zer..iright maxillary area there is a bruise measuring 2
‘ irieh X 2 inch!
I
{iii} T here are one each bruise over the left anterior superior
iliac spine and right anterior superior iliac spine 4
X 3 inch and left 3 1/112 inch X 3 inch
Ex)
(iv) There is bruise over left: knee joint l inch X
(V) There are multiple small bruises~»~oxzer Ru
one abrasion measuring 2 cm X ;
(vi) There is a bruise over theolefl: elbowjoints»:neasurir;g’3
cm X l ‘/2 cm.
{vii} There is a small abrasion m.eas-1_1/C2 crri’:<:~1/gvlcm over
right elbowjoint. " ' — *
(viii) There is a small la<§era_tion–.AoVe"r"'.the._"lemporal area
measuring l E/:g"»';_V1'f[ll. X ';:''2 erngfi ' i
(ix) There is 2: s_rnal’i”i”l.acer’a:i’0F1v’:A;0V~e1*.~ right occipital area
rneasuring lg}/5 cm x 1/::*cni.*
In regard’ i;o’the~i’injuries”are. concerned, portion of the
cross examination is rel.eVa.n’LQl’It is recorded. It is as under:
is true’iv–if–«ia person consumed poison
V .iramcdia:ely*«…_it will start wriggling. The injuries
_ r:os1’r4″~4:_ol in’-‘column no, l3 can be caused by
‘wri0sliirig:_~v,.__ injury no.l to 3 cannot causerci by
Z36.)
wriggling. ‘o’l;t*is not true to suggest that if a person
carriedi’-.in’the bullock cart injury no. l to 3 shown
in Ex§’l?,_l;3 in col, Nos 13 can be caused.”
“gi.w;’:7 is the Po, i:>.w,is is also another ac? Powers
a:r;l.’Vl3*i.i\?x?.2G are the LS5, P§W’.2l states while working as
omo on o3.o7.:2oo1 he has seen Chethah with
Consumption of organo phosphorous g_;;>ois’o:;…V has given
stomach wash but patient died by: 12.25 He eXt’1fs'<:f.'V'–
of case sheet. He also states Shylsjeswas afso "sdvini.f4;ed with
the same history, narrates':hze– pt{iS€f..eif1f§'.S%t'8¢.t6S by: '£50 p.rn.
she died. Questionsare asked 't'o'§)Aobetoi*V'as;t—o' who brought
the patients. Not.3.sL1ggeVstio4i1=_is'found as to whether
any of the and the mother.
P.’\?\/”.22 is ah.oth;erVe’iV.?i:*..’,f»- are also I.Os.
13, Lemhed’ advocate for the accused place reliance on
Pjfe-‘eti;Gupta,__a~r2o?. onother us. State of Jharkhand and another
[201 )VA’%;2§?hereir1 the Apex Court has held that there
anduty’ and Bench to punish the people involved in
S 498%. In Gcmguia Mohan Reddy vs. State of
V v7¢:agz;;:zh%%a Pradesh 9020(2) see 7530) Their Lordships of the
‘»»Af:eX Court have heid abateme*a*: invohies a mental process of
” iostigating a person or intentionaily aiding 21 person in
oozrnmitiing a thing.
l4
lei. Careful discuss of materials would”‘d:i-sclose :he–ii’sniil§_,aoi V
accused had two houses. ln ihe house whei*e._
committed suicide she was alone-._”s,The. diise:ussioniV”‘would ”
unerringly lead to a conclusion thaii have-Aleegpt away
from themselves. The rnaini witnesses is
against: accused r?g0′.il’:L?;he are general
allegations agaiin_st–::_ii_ii 6; The accused is
examined except for pleading
false, do notiiiinow, in any evidence. Positively
states ‘lie has at all. The death of Sayawwa
being acccurii of consumption of organo phosphorous
pestiicide_,Vp«shei”hasii.i’Vvdied an unnatural death is proved without
any doulfit. ‘ieason asserted by the witness is demand for
-._nioney < accused no. 1.
Except for the roaming cross
eziarninaiion nothing is elicited. But at the same time, during
filiehisiaying of the Hindu Women in company of her husband.
Unless there are any sepxate overt acts caused by the other
accused; they cannot be ‘brought in under Sec, lei’? ll-3C.
Qvert act against Accused No.2, 3, S and 6 is lacking.