High Court Karnataka High Court

M C Chaithra vs State Of Karnataka on 27 March, 2008

Karnataka High Court
M C Chaithra vs State Of Karnataka on 27 March, 2008
Author: R.B.Naik
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IN THE HIGH comm' 01:' KARNATAKA A-'I' BANe,a;LDRE I
DATED THIS THE 27TH DAY 01?. V. A

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1 M c CI.-IAITHRA  L  
AGED ABOUT 25* YE1'&RS-,-- 1' A 

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I'3'FAGE,V_BABIAE*-HAFHCRI

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 ABQLIT .3-:1 *;*1.i'...A.1-2:3,:

"T CHANANIAH,

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I STAGE, BANASHANKRI
faANGALoRE 50.

  = :4 % c CHANDAN

 AGEDD A303'? 23 YEARS,
s/0 LATE" '1' 
R/AT 450,167" MAIN.

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5 'pr 1 A 51-! .IJ,I{l.LJl. .l.rIal.I.l!.l.\l

{BY SR1. C.V.NACvE8H, ADV.)

. .. FETITIONERS:

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Ag' 1):

STATE OF 
B'! THE S'I-'ATIt')N- HOUSE'- C1F'F'ICE'7F',
 POLICE S'I'A'I'ION,
EANGALORE RURAL.DIS'I'RlCT  
BANGAL-JQR_E= 1

$17 SRI.HGI€NAP?fi, HCG771

THIS CRIMINAL. REVTSION PETITION Ts FILED
u;e=..9'z R,".1.' 491    FOR
THE PETTITONERS  PRA',YIrsIG' T THIS I-'ION'BLE
co'-Hm  'BE PLEAS'EDf* To REVERSE AN-D em'
ASIDE THE ORDER DA'_I':!§13D..  'S.C.N0..362,'G2
ON THE 91122:' or THE  AJ3D;1;TIcwNAL DISTRICT 85
SESQIQIE-S  =  DISTRICT,

T BANGAL()RE;,V T 

m:s;aR1mgNA;gmgm  :9. co ENG
on @012 HEARING TH'ISi._D_AYI THE coum' MADE THE

  

  T T  '__Q§_<5R TR
   one deeeased Mohan Kumar get

    No.1-Chaitra.   .m.eL'ri.qgc,

IQ.

 .v::'r.i1_.t:s' was net ..eimu.s "f  E  in B;

 jeint  itlsisteci that her husband should arrange

' "ii separate living. She hardly stayed. in the
T   home for a period-of two--weeks. She-left

the house of her 11usba,11c,l and e»!:9..v*.erJ.. li'u"L1" in the

-...!.-..% 9. ..er par.-;nt= .. The parents; of Iviohan--Kumar, to

_ ..

 the me of the newly married couple, organised- a
; A_'QQ.,\,e)_,a-Ira'-----'



separate house for and in the said 

accused No.1-Chaitra and her husband A' a

period of  tuohdh. Ihereflr,    

 flied" the house. is}   '  

husband Mohan  is flu a jjosition to a.

bungalow and lead a 1- 'oan:-fido so or

 

otherwise he  also stated that he-

hang    and 
it ou__ %   her parent's house.
megsamt  arm consulting his father-the
   legal notice to Chaitra 

 i*'|.Q'I'l {-11 V_' _ __ TIA _
I-I-.EJ!4-sf}-I-' - " ~

  edmgivnotioe at all. The deceased Mohan Kumar

   had been to the house of Chaitra and

 'request that she should join Mohan Kumar.

2 » AA  demanded t_h._a.t t_.e p.e-,n.ert1,r st.d:1.di.r:g in the

_.'I_ ,4 1 ,1

f Iviohan   be transferred to her

V R name and only then she would join Mohan Kumar or

otherwise she willoontinue to live in her parent's house.

She also said that Mohan. Kumar should not make
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frequent visits to her house and. trouble 

abused him saying that a man 

frequent to the house and make   K  

1.

.1.-_….rn..4….a }vi..}..,.,i ‘K’….._… .._ rm…_ 4-l’….; .’.’.-…-A…

1111: Gl.’.I_i.!5l.”:vfli1Vu’\.il.l’.fl||I.’.”rLt”-“.’_’l

namely S-uva111adevi»mother__of ,

the brother of accused mid another
brother of Mehan

ga.;._uim by the

V.

1. is ;..1…

note it is not
stated__ eomplaint was lodged
with meident either-r by the Mohan
in the instant case. It is

ti ‘-.f Muiw wee mi:-.3 teelcw em-an

» jupoir: parents-infilaw and his wife. He was

and that he -felt that he should

ehti When he informed the complainant he was-

VV V’ V. by the com-piainant and his family

2. That on 24.3.2002, the afternoon, Mohan _

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1 h _ _ _ __ 41!.-11__1;_____ 1…. ____.1__ _ _.__–__J. _ _ .. .. .. ..
1101.188. OI [O IILHKC El. nzqu I. id’!.’.lU. HIS. 11 1′ IL! U-unuc

and join him. But he did– not return at all. till 11.30

or . _r_o_.pLe_i1:ie_nt is m to the –

PM. One Chandra Shekel: who was the relativeof the

complainant gave a phone. call and

complainant that Mohan Kumar had

4-a–0

Ill

in the l.¢.=.nded.. nrepeertj of the 3 i_ ii.-1 ‘

Hanumanthegowdana Pal§;a,: near . Fariit land ” .

immediately Mohan Wes to the
Hospital. The to the
Hospital and the D:.v.:tors-

and "'1    Holman Kumar

breathed     day i.e. trorn the

dateief the tngmusnt of the complaint, the
family and as such according to the

cet;a,r§l.£:.i11.r=.nt”-he ledge-3. me complaint on 29.3.2w-z.

a case and after investigation filed

against. the petitioners–accused herein

punishable under Section 306 read with

34 IPC. and when the matter was set down. fer

VV “persons sought for clischaxge. The trial Judge, by order

dated 13.6.2005 rejected the claim of the petitioners for

discharge and directed to flame charges against the
»Q2uAcLiU’—

petitioners for an offence punishable under 306

I’/W 34 IPC.

3.D’unn’ g the course of ltd ht

Chandrashekar, who saw the h

when h_;!!l.d. r:_1:I.s:.I..In…-. m n..en’gave s.».me1.'”3e to ma

campiairniflt and vagtmitted 1: to the
hosllita-1. K.Kumar C§W_;4 of the Farm
house. son-in-law of the

” h,x_a.\.re mt_a_.e

0. are ugul.-J.’ 1 in

. teat;-n1¢_i-‘:.*2-sin

was marri- ed to the first

A’I:’héi;e was no COII1.patibiliI;y’- between

stid-“‘h?lfe and first petitioner stayed with

two weeks 11.1 house.

‘I”t5f*r€fi-‘t’fi.”:i’.:s’£ -‘-‘mate Iwuse was set up even they

make a living. for one week. The first

rctmned; to the pan-,nt’s house. The

….tIvitnesses have stated that Moha-I1 Kumar was

repeatedly going to the -.eu.w of mdmnmehe.-*e”a and

the first petitioner to join as his wife and .

make a with him which was being net’-used by the

first petitioner. The statements of all these witnesses

which are referred-to above were the

tissue o, ;_on_st %

reeofiieri would ofiiy’ ‘was no ‘

compatibility between the ,

because of the said fact The
statement of of Kumar would

i “use of ti”

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.2.

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to him when he
had They claim that he
expl.-‘essedx am: he was not desirous of

-1′ the sts._..m….nt.. …nd. t..e

avemient” *1 =m= cssmpiaint ail go to estabiish

petitioner No.1 was-not willing to make a

Kumar he was persistently making

house of the petitioner No.1/accused and

~ s§.s’ki._;ug her it. join him. The cs-tspiaint reveais

a r*”ee ‘Ms sent ugn» ‘ an advocate caumg”‘

it “upon the first petitioner to join her husband, according

to the prosecution Mohan Kumar consumed poison on

24-3-2002, he died on 25-3-2002 till: (_3t_lm,DlBi.J1t 1..
53QfivLc2JL,L

filed on 29-3-2002. Immediately aiter the deatiifiriquest
proeeedings were held and during the course

the complainant was 31– e_m____mL.ed . as

feund the “-“inrniaint do i

not find a place in the state1;t1ent’et; ;
the inquest. it it I 1

4. The leaxnediomiseiwi petitioners relied

__ it Singh Sengar Vs. State of
i gzooagsg so 559;.

V i,i’er1.L.J 2104), and
t das vs. Kartar Singh (AIR 2007 so
iii”2o45)

-5-Iv-u-r

V. tam: s-ubniitted. t1.+I..s.t the “em ‘instigate’ (Emotes

“.irr=iten3ent or ‘urgiflg to ‘o some drastic or unarivisabie

it it “action or to stimulate or insight. Presence of mense rea J

is necessary concomitant of instigation. It is- common

knowledge that the words uttered in la or m e

1’ and were not expected to

individ= 1.131 in a given

spur of the moment cannot:-be taken to. be utte:?ede.with

mans rea. In a fit of anger and in

words used were to the effect “to gas V _

wemd no.-T sI.tt.r.’n…ct Section 306 are ‘

uttered during a. quarrel or a ‘1’£.1;Jef s,
argued- – – harassm’ = ent per se Sectlond ‘ 306
Bead with Section and discards

{V A.

in the matrimexfial w.it_%.I_evi:tv t.*=.i.-1″ m’-‘aw it

dee net uttt with Section 107

IPC). it a victim committing
suicide, it’: to. petulancc
discord’ difi’:=:ire:1ee:’i;:tdomesfic life quite eemm-rI_ L.

the; ‘i_e.._Vs.vr-..ic-.§;.|’1 t..e v-w..i.’.r-. wlnngeu *1 such

1 t

1

suicide, conscience of the Court |

V. she1uJ1dT’ not be satisfied for s. __r1d-L.ge- ..hs.t me

Ill’

~ e.h…r~g-eds sf awttirig ts”-‘ *x”1″e”ee of suicide

L ‘mshouid be fbund guilty.

.-..-… .__._’I

5. TIE 1ea:i’ned= euunsex for petitioners submitted

the on record would disclose the fact of
§{Q,._v\a.o:u__.

10

Mohan Kumar going to the house of

despite he being asked by them not to do

he continued his repealzed actions,

I.I.rhethe” he M”-**~* *=–“5: shazneper the

has been = e,

that the iii’-st petitioner is a living
with him, he .npaetHa.nd decided

to end his life. __’I’h_i:3 0.. -he
‘aeing a V’ He was not
He was -not
b»”I-ie-.vvwa.s’not dependent upon them.

_ Except attached to the first

nI=§t§’%.-ti’V- rner and th * “.’.’a£’. we: ..=.-1e’=..~.a.*.=nd,e there was ‘-*5”

h m visits to the house of

despite the -petitloners- objecting. for the-

sanae, particularly even after issuing at lcgalenotice

in the complaint. _.-I1 t_.1.1.ie’yr-.n_1…r.-1

I an: nv-1::

_.._..A._..___l_1 __.lI LI,

D CI.’ FYI KI L1 lb J’|””‘ . “”
:.guu.:–::uu uuuniawsl ti t flu DI U16

‘V “prosecution placed in the form of a charge sheet even

accepted at its face value without controversy, the same

would not make out suflieient. grotmds for framing of a
J’: JQ.u;cu2\J»’—-

11

Charge. It may only out a prima, facie for

issue of process which stage is. already

basis of which process was Ls-ue;L But. Vhaeei zi.?.i-as

,1._

remannhw a stage of findmg out are

sufficient grounds to flame

6.Per contra, the for the

respondent submits_.”:’*ttiai. a stage for

the acso.ssed;,j:V. m set d”-“‘1
for . should not be
since there was a
were summon before
the * of the ;;2e.rsor1..s for

taken through the contents in the

J statements of the witnesses. they all-

there was no compatibility between husband

2 bang} wife. The petitioner was .-..–1-‘-.–..i..g to as a

‘”1 A _:a.’I..

.i1vu’-“”- Winn }vi*i-“1 K-‘-“*7 “- her husband for -reasons best

V’ uiiknown to her or for the reasons as stated in the

complaint. If such refusal is taken serious “by Mohan

Kumar and he takes a drastic step of committing
};0.Lv\c4,Qu—-

sfiicide, the petitioners cannot be held mspem-fible for

the same. with to he going to the

accused persons immediately prior to.

poison,.it is stated. by the he ‘

about the sarne only heeause– ._ Mshan-‘ ‘: v

ixlformed him that he ’31. is
placed on record to Kumar

the house of the * he csnumtr”.-

psisuart Th,ss§h’_Vs.vfh-t-.i’5′?i11fij.s of the materials

of th’ at the stage of
of a. cursory reading of the

smtcznents the complaint wag… gr.» ts

CI’

.”~ the prfiseeution

estegbiish made out

‘V ” held a be flamed

for the offences punishable under

IPC for abatement of suicide as defined

_, under Section 107 IPC. The CoI.J_rt h…s 1.|’.’.4.=.*.l.-..’-. to

. “spreciete this asgt of the ..’sat'”*’*. ‘

fin

‘hm at this stage

[ ~ “‘it~*1f t..’«”<-e no suflicient grounds. made out to frame

a change, the very purpose of would not be of any

consequence as held by the Supt-'eme~ tin 197.7

13

SC 1489 Where under it is held for the of

determination whether there is for

proceeding against an accused the :_

-_m.-p;a=_r..t.ivo1§,r wider iI1_t1’i”f –.*f, in

it can determine question .

record if un-mbuttod, is suc1a”_donk%med ofwmch the

conviction can be posoiblc.

8. In tho of the

is no possibiiity
of the” to be held guilty of
the -‘may are charged. Hence the-


X» d.v"d npnnn

\J£\¥# L\

   of    dated 13-6-2005

__S;;C£No-.362/2002 is set aside. The revision

isfiiaflowcd. The accused are discharged of the

., “om:-;1cés for which they are The ha… wads

‘;f”..-..”.”.ish.-=3.-3′. by the petiti’–‘nei’fi sum; sum ssoivod.

gvq/-% Page Nos. 1 to 5. 5d]-
Shh] – Page Nos.6 to 14. judge