{"id":185092,"date":"2006-12-15T00:00:00","date_gmt":"2006-12-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dinesan-vs-the-state-of-kerala-on-15-december-2006"},"modified":"2018-05-14T03:25:38","modified_gmt":"2018-05-13T21:55:38","slug":"dinesan-vs-the-state-of-kerala-on-15-december-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dinesan-vs-the-state-of-kerala-on-15-december-2006","title":{"rendered":"Dinesan vs The State Of Kerala on 15 December, 2006"},"content":{"rendered":"
Kerala High Court<\/div>\n
Dinesan vs The State Of Kerala on 15 December, 2006<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nCRL A No. 1853 of 2005()\n\n\n1. DINESAN, S\/O.KARI,\n                      ...  Petitioner\n\n                        Vs\n\n\n\n1. THE STATE OF KERALA,\n                       ...       Respondent\n\n                For Petitioner  :SRI.P.CHANDRASEKHAR\n\n                For Respondent  :PUBLIC PROSECUTOR\n\nThe Hon'ble MR. Justice K.THANKAPPAN\n\n Dated :15\/12\/2006\n\n O R D E R\n                                K. THANKAPPAN,  J\n\n                               --------------------------------------\n\n                             Crl.A.No.1853  OF 2005\n\n                               ---------------------------\n\n                    Dated this the 15th  day of  December,   2006.\n\n\n                                JUDGMENT\n<\/pre>\n
      The appellant, the 1st accused,   in  S.C.No.108\/2005 on the<\/p>\n
file of the Assistant Sessions Court, Tirur, faced  trial  along with<\/p>\n
the     2nd  accused,     the   mother   of   the   appellant,     for   the   of<\/p>\n
offences punishable under Section 498 A read with Section  34 of<\/p>\n
the   I.P.C   and   Section   306   of   the     I.P.C.         The   prosecution<\/p>\n
allegation against the appellant  and his mother, the 2nd accused,<\/p>\n
is that the appellant and the 2nd accused used  to ill-treat the wife<\/p>\n
of the appellant, deceased Sadina,  and due to the willful conduct<\/p>\n
of   the   appellant   and   the   2nd  accused,   the   said   Sadina   has<\/p>\n
committed   suicide     on   23.8.2004   and   thereby   committed   the<\/p>\n
above offences. To prove the case against the appellant and the<\/p>\n
2nd  accused, the prosecution examined   Pws   1 to 14 and relied<\/p>\n
on   Exts.   P1   to   P10.     Mos   1   and   2   were   also   produced.       On<\/p>\n
closing   the   prosecution   evidence,     the   appellant   and   the   2nd<\/p>\n
accused   were   questioned   under   Section   313   of   the   Code   of<\/p>\n
Criminal   Procedure.       The   appellant   denied     the   prosecution<\/p>\n
allegation   levelled   against   him.       Relying   on   the   evidence<\/p>\n
adduced by the prosecution, both oral and documentary, the trial<\/p>\n
CRL.A.NO.1853\/2005                       2<\/span><\/p>\n
court found the appellant guilty under Section 498 A and he was<\/p>\n
convicted   thereunder   and   sentenced   to   undergo   R.I   for     three<\/p>\n
years and to pay a fine of Rs.5,000\/=, in     default of payment of<\/p>\n
fine,     further   term   of   simple   imprisonment   for   a   period   of   six<\/p>\n
months more.     The appellant was acquitted of the charge under<\/p>\n
Section 306 of   I.P.C and the  2nd  accused was   acquitted of   all<\/p>\n
the charges levelled against  her.     The conviction and  sentence<\/p>\n
ordered against the appellant are now assailed in this appeal.<\/p>\n
2.    This   Court   heard   both   the     learned   counsel   appearing   for<\/p>\n
the   appellant and the Public Prosecutor.     The learned counsel<\/p>\n
appearing   for   the     appellant     Sri.   P.   Chandrasekharan,       has<\/p>\n
argued   three   points     before   this   Court.     Firstly   the   learned<\/p>\n
counsel   submits that the trial court committed serious error in<\/p>\n
believing the prosecution witnesses to find the appellant   guilty<\/p>\n
of the charges.     Secondly, the learned counsel submits that the<\/p>\n
trial court ought not have   believed the evidence of prosecution<\/p>\n
witnesses,  who are  the close relatives of  deceased Sadina,  and<\/p>\n
thirdly,   the   counsel   for   the   appellant   submits   that     even   if   the<\/p>\n
entire   evidence   of   the   prosecution   witnesses   is     accepted,   it   is<\/p>\n
not   reasonable   to   hold   that   the   appellant     had   committed   an<\/p>\n
CRL.A.NO.1853\/2005                       3<\/span><\/p>\n
offence   under   Section   498   A   of   the   I.P.C.       The   counsel   also<\/p>\n
submits that the  sentence now awarded against the  appellant is<\/p>\n
excessive.\n<\/p>\n<\/p>\n
3.       To prove the prosecution case against   the appellant and<\/p>\n
the     other   accused,   the   prosecution   relied   on   the   evidence   of<\/p>\n
Pws1, 3 & 5 and also the evidence of the   investigating officers.<\/p>\n
PW1,   brother of the  deceased Sadina,  had  given the  evidence<\/p>\n
before   the   court   that     marriage   of   his     sister   Sadina   with   the<\/p>\n
appellant     was   conducted   on   7.5.2003   as   per   the   custom<\/p>\n
prevalent  among the community.   Further PW1 had stated that<\/p>\n
after the marriage of his sister, Sadina, she was residing in the<\/p>\n
matrimonial house and she became pregnant and thereafter she<\/p>\n
was brought to the  house of his uncle for delivery.  Further,  this<\/p>\n
witness   has   stated   that   since   her   parents   are   residing   in<\/p>\n
Gundallur,   himself   and   his     sister   Sadina,   were   residing   in   the<\/p>\n
house of his uncle,  PW2,  at Koppam.   Further PW1 had  given<\/p>\n
evidence before  the  court that after the delivery  of  Sadina, she<\/p>\n
was gone back to the house of the appellant at Annara and after<\/p>\n
she   left     the   house   of   his   uncle,     he   had   received     a   phone<\/p>\n
message on the day of the incident informing that his sister was<\/p>\n
CRL.A.NO.1853\/2005                          4<\/span><\/p>\n
admitted in  a hospital at Tirur,  and he went to the hospital and<\/p>\n
it   is   revealed   that   his   sister   Sadina     is       already     dead   and<\/p>\n
thereafter     he       had   went   to   Tirur   Police   Station   and     given<\/p>\n
Ext.P1 F.I Statement  to the Dy.S.P.   According to  this witness,<\/p>\n
at the time of the  marriage of his sister, Sadina,  gold ornaments<\/p>\n
worth about  10 soverings   and an amount of Rs.15,000\/= were<\/p>\n
given   to     the   appellant   as   dowry   and     when   his   sister     was<\/p>\n
brought   for delivery, it is seen that,  no ornaments were  on the<\/p>\n
body of her sister.   PW1     has further stated that his sister had<\/p>\n
already  told that   all the ornaments were taken by the appellant<\/p>\n
and he had sold  it for his own purpose.   When  she came to the<\/p>\n
house   of   his   uncle   for   delivery,     she   had     having   only   her   tally<\/p>\n
chain  and   during   the   period     at  which   his  sister   Sadina   was  at<\/p>\n
the   house   of   his   uncle,     the   appellant   came   to   that     house   and<\/p>\n
asked   for   her     tally   chain   also,   but   that   was   not   given   by   his<\/p>\n
sister.       At   that   time     his   sister     told   him   that     she   was   being<\/p>\n
tortured   by       the   appellant   and   his   mother,   the   2nd  accused.<\/p>\n
Further, he had stated that his sister  told him that  she being  ill<\/p>\n
treated from six to eight months of the   marriage itself and she<\/p>\n
used   to     complain   about     the   ill-treatment   being   made   by   the<\/p>\n
appellant and his mother to him.   This witness has further stated<\/p>\n
CRL.A.NO.1853\/2005                       5<\/span><\/p>\n
that   the   appellant   used   to   quarrel   with   his   sister,   Sadina,<\/p>\n
frequently    doubting of her  chastity   and  also the  reason that<\/p>\n
people from outside used to come to the house  to watch  T.V as<\/p>\n
that   was   disliked       by   the   appellant.         The   evidence   of   this<\/p>\n
witness   is corroborated     with the evidence of PW2, who is the<\/p>\n
uncle  of   deceased    Sadina.    He  had  given   evidence  before  the<\/p>\n
court that  both  Sadina  and PW1 were  residing in his house  at<\/p>\n
Koppam.  PW2  also had  stated about the marriage of deceased<\/p>\n
Sadina with the  appellant and further he had stated that Sadina<\/p>\n
had told  him   that    the  appellant  was  regularly  quarrelling  with<\/p>\n
her   and   the   appellant   was   also   ill-treating   deceased   Sadina   on<\/p>\n
the reason that people from   outside used to come to the house<\/p>\n
to watch T.V and he was protesting   such   visit by others.   This<\/p>\n
witness   also   speaks   about   the   ornaments   which   had   given   to<\/p>\n
Sadina   at   the   time   of   marriage   and   the   same   were   sold   by   the<\/p>\n
appellant.  PW2   has further stated that even after the delivery,<\/p>\n
Sadina   was     reluctant   to   go   with   the   appellant   as   she   had<\/p>\n
complained   of     regular     ill   treatment   being   made   by     the<\/p>\n
appellant   and   his   mother.       Further   he   had   stated   that   Sadina<\/p>\n
committed   suicide only due to the ill treatment of the appellant<\/p>\n
and his mother.     This witness also had stated   about the phone<\/p>\n
CRL.A.NO.1853\/2005                       6<\/span><\/p>\n
message   received by PW1 on the date of the incident regarding<\/p>\n
admission of Sadina in the hospital.  PW3 is one among the other<\/p>\n
relatives   of deceased Sadina who was also residing at Koppam.<\/p>\n
This witness is none other   than   the sister of the mother of the<\/p>\n
deceased   Sadina   and     she   had   given   evidence   before   the   court<\/p>\n
that Sadina told her  several times   that the appellant  ill treated<\/p>\n
her   on the reason of   people coming from outside to watch T.V<\/p>\n
and   further     this   witness   had   stated   that   Sadina   had     told   her<\/p>\n
several  times that the appellant  used to quarrel with her  some<\/p>\n
more other reasons.   Further the evidence of  this  witness also<\/p>\n
corroborated with the   evidence of Pws 1 and 2 with regard   to<\/p>\n
the     delivery   and   the   incident   happened   when   the   appellant<\/p>\n
came   to   the   house     of   PW2     asking     for   the   tally   chain   of<\/p>\n
deceased  Sadina.   PW5  is   another  witness,   who was the class<\/p>\n
mate   and   friend     of   deceased   Sadina   and   this   witness   was<\/p>\n
examined to prove that   whenever  Sadina  used  to come to the<\/p>\n
house of PW2, Sadina met her and Sadina had told her that  her<\/p>\n
husband,   the   appellant,   used     to   harass   her   and     ill   treat   her<\/p>\n
doubting     the     chastity     of   Sadina.     This   witness   has   further<\/p>\n
stated   that     Sadina   had   told   her     that   the   appellant     used   to<\/p>\n
quarrel   with   her     regularly   and   because   of   that,     she   was   not<\/p>\n
CRL.A.NO.1853\/2005                        7<\/span><\/p>\n
willing  to   go back to the  house  of appellant after the delivery.<\/p>\n
Though   these   witnesses   were   cross   examined   by   the   learned<\/p>\n
counsel   appearing   for   the   appellant,     their   evidences     with<\/p>\n
regard to the    ill  treatments being   carried on  by the appellant<\/p>\n
have   not   been   shattered   or     their   evidences   have     not   been<\/p>\n
discredited.  Hence the trial court  fully believed these witnesses<\/p>\n
and found that  there is evidence to show that the appellant wed<\/p>\n
to   ill   treat       deceased   Sadina   and   because   of   his   continuous<\/p>\n
willful conduct and  harassment, deceased, Sadina was drived to<\/p>\n
commit   suicide.   In   this   contest   it   has   to   be   seen   that   though<\/p>\n
defence attempted to prove that after the delivery of   Sadina she<\/p>\n
was  disappointed  and   depressed  so as to commit suicide,   no<\/p>\n
evidence has been adduced but,  only a general suggestion put to<\/p>\n
PW12   the   Doctor   who   conducted   postmortem   on   the   body   of<\/p>\n
deceased Sadina.   But  that by itself is not a reason to doubt the<\/p>\n
prosecution   case       proved   through   the   evidence   of     witness.<\/p>\n
Hence,   this   Court   is   of   the   view   that   the   trial   court   is   fully<\/p>\n
justified in   believing the evidence of prosecution witnesses and<\/p>\n
to   find   that   the   appellant   had   committed     the   offence   under<\/p>\n
Section 498 A of I.P.C.   The  contention of the learned   counsel<\/p>\n
that there is no  specific evidence before the  court  to show that<\/p>\n
CRL.A.NO.1853\/2005                        8<\/span><\/p>\n
the   appellant   had     committed   series   of   acts     which     drived<\/p>\n
Sadina to commit  suicide  as contemplated under Section 498 A<\/p>\n
of   I.P.C.     To   substantiate   this   arguments,   the   learned   counsel<\/p>\n
placed  before this Court a judgment of the Apex Court  reported<\/p>\n
in  Girdhar   Shankar   Tawade   v   State   of   Maharashtra    (AIR<\/p>\n
2002   SC   2078).     This   Court   had   gone   through   the     above<\/p>\n
judgment   of the Apex Court and it is seen that the   Apex Court<\/p>\n
had considered   the   factual situation in which the accused was<\/p>\n
charge   sheeted   by   the   police   under   Section   498   A   and   Section<\/p>\n
306 I.P.C.    There were instances of  similar ill treatment on the<\/p>\n
part of the husband  and in such a situation, the Apex Court held<\/p>\n
that  to prove  an offence under Section 498 A,  series of actions<\/p>\n
involving   ill   treatment   or   willful   conduct   should   be   proved.<\/p>\n
Comparing with the evidence of the case  in hand  with  the case<\/p>\n
dwelt     by   the   Apex   Court,     this   Court   is   of   the   view   that   the<\/p>\n
evidence   of   Pws   1   to   5   would   show   that     there   were    series  of<\/p>\n
instances of ill treatment    on the part of the appellant  and only<\/p>\n
because   of   this   ill   treatment   and     willful   conducts     and   the<\/p>\n
attitude of the appellant,   deceased Sadina   was fed up and she<\/p>\n
was tried to put  an end of her life.  If  so,  the failure on the part<\/p>\n
of   the   prosecution   witness   to   prove     specific   instances   of   ill<\/p>\n
CRL.A.NO.1853\/2005                         9<\/span><\/p>\n
treatment     and   non   complaining     about   such   instances   are   not<\/p>\n
fatal  to the prosecution case at all.  It was come out in evidence<\/p>\n
that     during   the     marriage   an   amount   of   Rs.15,000\/=   and<\/p>\n
ornaments   worth   for   ten   soverings   were   given   to   deceased<\/p>\n
Sadina.       The   evidence   of   Pws   1   to   3   would   show   that     when<\/p>\n
Sadina   was   brought   to   the   house   of   PW2   for   delivery   she   was<\/p>\n
wearing only her   tally  chain.   Further, it is revealed that even<\/p>\n
during that time, the appellant came to the house of PW2 asking<\/p>\n
Sadina         to   give     the   tally   chain   for   his   own   use     and   there<\/p>\n
occurred   a   quarrel   between   the   deceased   Sadina   and   the<\/p>\n
appellant.  If so, the findings of the  trial court with regard to the<\/p>\n
continuous ill treatments  on deceases Sadina by the  appellant is<\/p>\n
on evidence.\n<\/p>\n<\/p>\n
4.     Hence, this Court is of the view that the findings of the trial<\/p>\n
court   with   regard   to   the   commission   of   the   offence   by   the<\/p>\n
appellant   do   not   require     any   interference.     Further   it   is   to   be<\/p>\n
noted   that   the   evidence     of   other   witnesses   who   are   the<\/p>\n
neighbours     of   both   deceased   Sadina   and   the   appellant   would<\/p>\n
show that there were frequent   quarrel   between   the appellant<\/p>\n
and deceased Sadina.  In this  contest  evidences of Pws 6 and 7<\/p>\n
CRL.A.NO.1853\/2005                        10<\/span><\/p>\n
are   also   relevant     though   PW7   is   not   fully   supporting   the<\/p>\n
prosecution   case.       When     PW6         cross   examined   by   the<\/p>\n
prosecution,  he  had stated before the investigating officer that<\/p>\n
he used to hear  the quarrel between the appellant and deceased<\/p>\n
Sadina   and   this   was   usual     from     the   house   of   the     appellant.<\/p>\n
PW7   though declared hostile to the prosecution     had admitted<\/p>\n
that the appellant  was ill treating   the  deceased Sadina on the<\/p>\n
ground  that   people  from outside used to come to the house to<\/p>\n
watch T.V programmes.  This witness  though had not supported<\/p>\n
the   statement   given   to   the   investigating   officer,   his   evidence<\/p>\n
would also   show that the married   life of deceased Sadina with<\/p>\n
the   appellant   was   not   cordial   or   peaceful.       From  the   evidence<\/p>\n
now   adduced,     this   Court   is   not   in   a   position   to   hold   that   the<\/p>\n
evidence       given   by   Pws   1   to   3     and   5   cannot     taken   as   an<\/p>\n
ordinary wear  and  tear of a family  life  which    would  not   drive<\/p>\n
the deceased to commit suicide.   But the evidence is otherwise.<\/p>\n
  5.         With   regard   to   the   sentence   awarded   against   the<\/p>\n
  appellant it has to be seen that the trial court had considered<\/p>\n
  this question and  found that   the appellant is  aged below 30<\/p>\n
  and   deceased Sadina   committed suicide within  one and half<\/p>\n
CRL.A.NO.1853\/2005                      11<\/span><\/p>\n
  years   of   her   marriage   and     a   child   was   also   born   in   their<\/p>\n
  wedlock.     Now   it   is   revealed   that     the   child     is   with   the<\/p>\n
  relatives of deceased Sadina.    It is revealed that the appellant<\/p>\n
  had   given   back     few   of   the   ornaments     after   the   death   of<\/p>\n
  Sadina,.   Further it has to be seen that the social background<\/p>\n
  of   both   Sadina   and   the   appellant   has   also   to   be     considered<\/p>\n
  while imposing penalty on the appellant.\n<\/p>\n<\/p>\n
  6.     Taking  into  consideration  all these  aspects,  this Court<\/p>\n
  is   of  the   view   that    simple   imprisonment   for     two    years  and<\/p>\n
  fine of Rs.2,000\/=   and in default of   payment of   fine further<\/p>\n
  simple  imprisonment  of   three  months    will  meet the   ends  of<\/p>\n
  justice.        Accordingly,     confirming   the     conviction   entered<\/p>\n
  against   the   appellant   under   Section   498   A,     the   sentence<\/p>\n
  awarded   against   him     is   reduced   to     two   years   simple<\/p>\n
  imprisonment and  fine of  Rs.2,000\/=  with  default  sentence<\/p>\n
  of payment of  fine, three months   simple imprisonment more.<\/p>\n
  With   the   above     modification   of   the     sentence,     in   all   other<\/p>\n
  respects   the   appeal     stands     dismissed.         It   is   also   revealed<\/p>\n
  that     the     appellant   is   committed   to   prison   and     undergoing<\/p>\n
  imprisonment     from   24.8.2004   and     is   not   released   on     bail.<\/p>\n
CRL.A.NO.1853\/2005                     12<\/span><\/p>\n
  The appellant is now  completed  imprisonment  for more than<\/p>\n
  two years and  four months.\n<\/p>\n<\/p>\n
        Accordingly,   it   is     ordered   that     the   entire     period   of<\/p>\n
  imprisonment  is  limited to the  period  already undergone by<\/p>\n
  the   appellant.         Consequently,     the     appellant\/accused   in<\/p>\n
  S.C.No.108\/2005   on the file of the   Assistant Sessions Judge,<\/p>\n
  Tirur, shall be released forthwith, if he is not   required   to be<\/p>\n
  kept in jail in connection with any other case.\n<\/p>\n<\/p>\n
                                                 K. THANKAPPAN, JUDGE.\n<\/p>\n
  cl<\/p>\n
CRL.A.NO.1853\/2005    13<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Dinesan vs The State Of Kerala on 15 December, 2006 IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL A No. 1853 of 2005() 1. DINESAN, S\/O.KARI, … Petitioner Vs 1. THE STATE OF KERALA, … Respondent For Petitioner :SRI.P.CHANDRASEKHAR For Respondent :PUBLIC PROSECUTOR The Hon’ble MR. Justice K.THANKAPPAN Dated :15\/12\/2006 O […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-185092","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nDinesan vs The State Of Kerala on 15 December, 2006 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dinesan-vs-the-state-of-kerala-on-15-december-2006\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dinesan vs The State Of Kerala on 15 December, 2006 - 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