aashsach/legaleval_rr · Datasets at Hugging Face

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1,735	d7a902fe9c23417499a7ef782f9fbdeb	IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA DATED THIS THE 22ND DAY OF FEBRUARY, 2013	12PREAMBLE
1,735	8d41599e98424d9480c25109556a7d14	BEFORE THE HON'BLE MR.JUSTICE ANAND BYRAREDDY CRIMINAL APPEAL NO.3532 OF 2012 BETWEEN: R Babu S/o Siddappa, .. APPELLANT Age: 30 Years, Occ: Household, R/o: Sunthan Village, Taluk Chincholi, District Gulbarga. (By Shri Ishwar Raj S.Chowdapur, Advocate) AND: The State of Karnataka .. RESPONDENT (Through Ratkal Police Station) Represented by Additional State Public Prosecutor, Circuit Bench, Gulbarga. (By Shri S.S.Aspalli, Government Pleader)	12PREAMBLE
1,735	e501424117da40a7935c2d9f2fb2fe38	This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 by the advocate for the appellant praying to set aside the order of conviction and sentence in S.C.No.232/2008 on the file of the II Additional Sessions Judge, Gulbarga and acquit the appellant.	12PREAMBLE
1,735	4825806388fe43d39f73354b10b5b32d	This appeal coming on for hearing this day, the court delivered the following :- JUDGMENT	12PREAMBLE
1,735	d6893a25f82948f8be17fc9e876fb716	Heard the learned Counsel for the appellant and the learned Government Pleader.	0NONE
1,735	5ffc5502c95d45d7aae96937f128fdcb	2. The accused is in appeal in the following circumstances:- The appellant was accused of offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860 (Hereinafter referred to as the `IPC', for brevity).	11FAC
1,735	afca23e571ad475d89a6fa226ca771bd	The complainant Sonabai was a resident of Hanumantwadi in Basavakalyan Taluk, Bidar District.	11FAC
1,735	7781f76712ed452dab7119e58f514065	She had two daughters, Laxmibai and Sangeeta.	11FAC
1,735	13ad25d88e1a4cf7b1a0f8e49561acb5	She had lost her husband about 12 years prior to the complaint.	11FAC
1,735	bdd429d80cb149b280248e4e26d3f86d	She had performed the marriage of her elder daughter Laxmi six years prior to the complaint.	11FAC
1,735	1ec1e1b5834845808d852df5b1880db4	Lakshmi was married to the present appellant.	11FAC
1,735	a5e8eb6283c94e09a44165b43f87c1c3	It is claimed that the accused had looked after Lakshmi well till the birth of their first child, which was a girl and he was not happy with the girl child and thereafter started ill-treating Lakshmi, apart from which, he was also demanding dowry and on that pretext, he used to assault her continuously.	7ARG_RESPONDENT
1,735	ed8b1acb94c8470586e021c67ab456f0	In this regard, it is the complainant's case that Laxmi had repeatedly told her about the ill-treatment.	7ARG_RESPONDENT
1,735	a9bd365a88ce4a7b8bd0d3c281ff66a9	The complainant however had consoled her daughter and had assured her that she would advise the accused to take better care of her.	7ARG_RESPONDENT
1,735	2fb832bb62e4497eb7dc05e892c0c97c	It is the complainant's further case that in this regard, she along with her son Ramakrishna and Goudappa Patil went to the house of accused at Suntan village and had advised the accused not to ill-treat Lakshmi by demanding money, as they could ill- afford any such dowry.	7ARG_RESPONDENT
1,735	b33ce164ed854b979830f07dee893d61	However, on 7.3.2008, she had received a message from Jaganath of Suntan village, that at about 10 p.m., her daughter Laxmi and grand-daughter Bhagewati had died of drowning in a well.	11FAC
1,735	a9de2636db5f45cbb62db1a2c4a1f811	The complainant, Ramakrishna and Goudappa Patil did rush to the Suntan village and saw the dead body of her daughter and grand-daughter and then lodged a complaint against the accused.	11FAC
1,735	647d015d71ca4ffb85de3753f17b9eca	Based on which, a case was registered on 8.3.2008 and a report was submitted to the Court of the JMFC.	11FAC
1,735	6dbcab60ba0a40f8a002ee985996f672	An inquest mahazar was conducted of the deceased and the bodies were sent for post-mortem and after taking further steps, a charge sheet was submitted against the accused as on 17.9.2008.	11FAC
1,735	961cc86c78694eac828af3346db7bd42	The case was committed to the sessions court for trial, which framed charges against the accused and the accused having pleaded not guilty and having claimed to be tried, the prosecution had examined 17 witness and marked 11 documents and 3 material objects.	11FAC
1,735	7b7b584c289b48ffbe6a9da3a636c937	On conclusion of the trial and on examination of the accused under Section 313 of the Code of Criminal Procedure, 1973, the court below had framed the following points for consideration:- 1.	10RLC
1,735	46891ca4e9ec41cbada469eed82d85d2	Whether the prosecution proves that accused has given ill-treatment to deceased Laxmi by demanding her to bring money from her parental house?	10RLC
1,735	4e1744e9b061445598ad1a7972bfc0d7	2. Whether the prosecution proves that accused has subjected deceased Laxmi to cruelty to such an extent that deceased Laxmi has committed suicide on 17.3.2008?	10RLC
1,735	3fcfda128d5e4e1fba0bfb61aeddbd61	3. The court below answered the above points in the affirmative and accordingly had convicted the accused to undergo simple imprisonment for three years and pay a fine of Rs.5,000/- for the offence punishable under section 498-A IPC and 10 years simple imprisonment and to pay fine of Rs.10,000/- for the offence punishable under Section 306 of the IPC.	10RLC
1,735	0ce4febeac0f4a0a8be353297062d0f5	It is that which is under challenge in the present appeal.	11FAC
1,735	2f6b4f03a7034572b45c9f611b23fcdd	4. learned Counsel for the appellant would submit that the case of the prosecution rests entirely on the evidence of PWs.8 to 11.	8ARG_PETITIONER
1,735	4ffdbb09c0744ce6bb1dbf782a16787f	PW.8 is the mother of the deceased Laxmi, PW.9 is the brother, PW.10 is the sister and PW.11 is an elder of the village.	8ARG_PETITIONER
1,735	112a90823c744622b0c2e37c75a07065	It is their consistent evidence that Laxmi was constantly complaining about the appellant ill-treating her complaining that she had produced a female child when he wanted a male child and further that she had not fetched enough dowry and therefore she should bring some more money.	8ARG_PETITIONER
1,735	c15851b2d28342cdb3979e60542267f4	It is further reiterated that the complainant along with her son and Goudappa Patil had advised him to take better care of Laxmi and that they were all aware of the continuous harassment meted out to Laxmi, which had instigated her to take the extreme step of committing suicide along with her daughter and therefore, the offences punishable under sections 498A and 306 of the IPC are made out.	8ARG_PETITIONER
1,735	46d1f5d99179495ba12c2234d7cd6c6a	The learned Counsel would point out that PWs.1 to 6, who were the witnesses belonging to the village of the appellant, namely Suntan village, had all turned hostile and not supported the case of the prosecution.	8ARG_PETITIONER
1,735	d05e0394c1f84cc59b364ea9594a9123	They were the best persons, according to the prosecution, who had made statements of the appellant being seen ill-treating Laxmi and since that was the sheet anchor of the prosecution case and in the face of those witnesses having been treated as hostile witnesses, they had apparently been compelled to furnish such statements by the hands of the Police and this, therefore explains the circumstance that all of them, without exception, have turned hostile at the trial.	8ARG_PETITIONER
1,735	2ad5021f021e43f3b3b438241f9d3168	The only evidence on which the prosecution and the court below however placed reliance is on the evidence PWs.8 to 11.	8ARG_PETITIONER
1,735	9e0bd37a4da247cca01cb97996990959	First of all, those witnesses did not have any direct knowledge nor is it their case that they have seen the appellant ill-treating the deceased or instigate her to commit suicide.	8ARG_PETITIONER
1,735	8497c263a06b4a098b74f066bc7ea65b	It is their own case that Laxmi had on and off informed them of such ill-treatment.	8ARG_PETITIONER
1,735	df2c3e1bf93645089af1b2dfb8fbd8d4	Therefore, in the absence of any direct evidence of ill-treatment or instigation by the appellant, it cannot be said that the prosecution has made out any case insofar as offences punishable under Sections 498A and 306 of the IPC are concerned.	8ARG_PETITIONER
1,735	539b4bc93d0744b68c6ef6e6c3323d22	In this regard, the learned Counsel for the appellant places reliance on a decision of the Supreme Court in S.S.Chheena vs. Vijay Kumar Mahajan and another, 2010(4) Crimes 101 and would submit that even if the evidence of PWs.8 to 11, is taken on its face value, it cannot be treated as direct evidence, which could establish the charges under the sections aforesaid and hence pleads that the judgment be set aside and the appellant be acquitted.	8ARG_PETITIONER
1,735	8c55d5a411c14dcfb4b31239a4d06980	5. le	7ARG_RESPONDENT
1,735	d2179bef6bdc43ebb8099dc69ffb542e	the learned Government Pleader would seek to justify the judgment of the court below and would point out that it is the consistent evidence of PWs.8 to 11 that there was constant ill-treatment, soon after the birth of Bhagewati, by the appellant to the deceased Laxmi, which has driven her to commit suicide.	7ARG_RESPONDENT
1,735	b679c873ca9448f58d278fc3c88746fa	The constant taunting and harassment would certainly amount to instigation to commit suicide.	7ARG_RESPONDENT
1,735	89a4b0d7cfa94399b0e4fd2c2ebed29d	As has been laid down in a catena of decisions, the ill-treatment by the husband within the four walls of the house would hardly be witnessed by others.	7ARG_RESPONDENT
1,735	c357290ed1ff4b12bc695063706ffd69	The unfortunate circumstance that PWs.1 to 6, who did make statements in the first instance of they having seen the ill-treatment meted out to the deceased, having turned hostile, does not negate the evidence of other witnesses.	7ARG_RESPONDENT
1,735	1b30e949954448649216d8232a28a4c9	The fact of ill-treatment is narrated first hand by the deceased time and again to the complainant and others, as consistently stated by them.	7ARG_RESPONDENT
1,735	b0d4dc35478e4f8387ff2c7ef8a68eb1	Therefore, the cruelty is writ large in the circumstances of the case, as has been demonstrated by the extreme step taken by the deceased not only to kill herself, but also to put an end to the life of her daughter Bhagewati, as apparently, the deceased did not want her daughter also to go through the very ordeal that she had experienced.	7ARG_RESPONDENT
1,735	ef5f42aab3a04d6493658fd296000b4b	That was the clinching factor.	7ARG_RESPONDENT
1,735	dce2740597af414585720c62584e3a86	It is only the near and dear ones of the victim, who would have knowledge of the details of ill- treatment and harassment and the independent witness, PW.11 having also been a well-wisher of the family, who had constantly kept in view the welfare of the family and also having declared that he had visited the appellant after he had constantly ill-treated Laxmi, to advise him to take better care of her, in the presence of the mother of the deceased and her brother	7ARG_RESPONDENT
1,735	fa33bdca35d64a238e967781e99583ad	, cannot be overlooked.	7ARG_RESPONDENT
1,735	22a3bf6751184bf08f2e7ac1bfc8bad7	He was not in any way related to the complainant or her family and he had no ill-will against the accused.	7ARG_RESPONDENT
1,735	92c11c20823a439eb41860bbf1ceb50d	He was an elder of the village and has withstood the test of cross-examination.	7ARG_RESPONDENT
1,735	6a293a2c4fd8466c9f92042f8572e864	Therefore, the court below having placed reliance on the testimony of PWs.8 to 11 is not to be faulted and the death of Laxmi within six years from her marriage, would raise a presumption against the husband in terms of the law and the facts in the present case on hand would clearly indicate that there was constant harassment and instigation, which had driven Laxmi to commit suicide, who has also taken her daughter with her in committing suicide.	7ARG_RESPONDENT
1,735	546ab730dfd0474192e27281c909723a	6. Given the rival contentions, as pointed out by the learned Counsel for the appellant, in order to bring home the charge of an offence punishable under Section 498A IPC, it is necessary to prove that there was cruelty.	6ANALYSIS
1,735	c1ffd1c70a6547858fa7a4559390a36d	There was nothing on record to indicate that the family of Laxmi was incapable of providing any dowry, given the fact that her father was no more and that they were not well of and the marriage having taken place six years prior to the incident, the demand for dowry coming at a late stage, would not raise any presumption of such demand in the absence of any direct evidence.	6ANALYSIS
1,735	ceb702adb4c04821a146d025c6b372dc	It is only to bring the case within the scope of Section 498A that such an allegation is made.	6ANALYSIS
1,735	ba72e5d3834d4af5b87228ca7af56d1d	Therefore, to hold that the prosecution had established its case beyond all reasonable doubt insofar as the offence punishable under section 498A cannot be presumed merely on the basis of the evidence of PWs.8 to 11.	6ANALYSIS
1,735	7b4389afecdd41e6be712375b89222c6	Insofar as the offence punishable under section 306 of the IPC, is concerned, again would require the prosecution to establish the circumstance that there was instigation by the appellant on Lakshmi to commit suicide and that he had intentionally driven her and his daughter to commit suicide.	6ANALYSIS
1,735	b0f29b479fbd43e08d8143aff97fc957	The apex court, in the decision cited by the learned Counsel for the appellant, in S.S.Chheena vs. Vijaya Kumar Mahajan and another, 2010 (4) Crimes 101, has discussed and reviewed the case law in this regard, with reference to the following authorities :- Mahendra Singh vs. State of M.P., 1995 Supp (3) SCC 731	4PRE_RELIED
1,735	89fc5018c6104600b2800d118235eca0	In this case, the allegations levelled against the accused were as follows: " I...	4PRE_RELIED
1,735	2cc574713c6e46d6adf9e63581d0e5da	My mother-in-law and husband and sister-in-law (husband's elder brother's wife) harassed me.	4PRE_RELIED
1,735	5f101ddbda014273a41fddcdcaa3f9cd	My husband Mahendra wants to marry a second time.	4PRE_RELIED
1,735	4ae39a5280a44118b31b408950fd6faa	He has illicit connections with my sister-in-law.	4PRE_RELIED
1,735	758043621b364e25b205dea095be108b	Because of these reasons and being harassed, I want to die by burning"	4PRE_RELIED
1,735	18797056bd3e4437a2487b041743766a	The court concluded that by no stretch of imagination, the ingredients of abetment are attracted on the statement of the deceased.	4PRE_RELIED
1,735	bf3b814fce2648679e6bd09f64474296	In Ramesh Kumar vs. State of Chhattisgarh, (2001)9 SCC 618, a three-judge bench of the apex court had occasion to deal with a case of similar nature.	4PRE_RELIED
1,735	c958a052d2304b649564e92e9804b1fc	In an argument between a husband and wife, the husband had stated that "you are free to do whatever you wish and go wherever you like".	4PRE_RELIED
1,735	6d240ccf717b44a38f3a4928c7e2c711	Thereafter, the wife is said to have committed suicide.	4PRE_RELIED
1,735	47125c0fd5894033ba455065b04b2c43	The apex court, in that circumstance, examined the different shades of the meaning of "instigation" as hereunder:- "20. Instigation is to goad, urge forward, provoke, incite or encourage to do `an act'.	4PRE_RELIED
1,735	07db2cf9e6e44ac391b5682700042aba	To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence.	4PRE_RELIED
1,735	0da7dc5c418d43d58d5fd8b576133ed4	Yet a reasonable certainty to incite the consequence must be capable of being spelt out.	4PRE_RELIED
1,735	e250a1bb286d4b53ab5be397fb8837e7	The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred.	4PRE_RELIED
1,735	f4d797367b2e420a92003ad6891205d7	A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation."	4PRE_RELIED
1,735	33928b08c79541fa850d06a27566d5b9	In State of West Bengal vs. Orilal Jaiswal, (1994)1 SCC 73, the apex court has expressed that the court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial court for the purpose of finding whether cruelty meted out to the victim had in fact induced her to end life by committing suicide.	4PRE_RELIED
1,735	5662a680e73b49029c5e9c0622e34eb0	If it appears to the court that a victim committing suicide was hyper sensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty.	4PRE_RELIED
1,735	bcc64a6e18884a088e80735ff8bd92dc	In Chitresh Kumar Chopra vs. State, (2009) 16 SCC 605, the court dealt with the meaning of the word "instigation" and "goading".	4PRE_RELIED
1,735	9108b7498f1b42148018dce1f5cb1377	The court has opined that there should be intention to provoke, incite or encourage the doing of an act by the latter.	4PRE_RELIED
1,735	e385718730974961b358a6b02fcc7240	Each person's suicidability pattern is different from the other.	4PRE_RELIED
1,735	86d5215bb22b4d7abb66d4c1afe42309	Each person has his own idea of self-esteem and self-respect.	4PRE_RELIED
1,735	8584c12afdb143fe942fdd816bdb8e9f	Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases.	4PRE_RELIED
1,735	78af365b86054df79258dfaea328cd80	Each case has to be decided on the basis of its own facts and circumstances.	4PRE_RELIED
1,735	9a53ec65bcb543da97470d0d098feae8	Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing.	4PRE_RELIED
1,735	a9b8f6d5134d47f0947b95bbb5ece58c	Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.	4PRE_RELIED
1,735	549c8ba52170444fa8b8c6f6a0175f2b	The intention of the legislature and the ratio of the cases decided by the apex court were clear that in order to convict a person under section 306 of the IPC, there has to be a clear mens rea to commit the offence and it also requires an active act or direct act which lead the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.	4PRE_RELIED
1,735	15f1431d7f754c09a3a31505c55aa900	The above being the settled legal position insofar as abetment of suicide is concerned, in the absence of any direct evidence of the appellant having driven the deceased to commit suicide, the possibility of the deceased having been hyper sensitive to the alleged demand of the appellant, that he wanted a male child and having regard to the aspect that the latent or patent suicidal tendencies of an individual are not to be placed in a straitjacket formula, the actual state of mind of Laxmi in having committed suicide, cannot be attributed to any instigation or abetment by the appellant in her having committed suicide, along with her only child.	6ANALYSIS
1,735	6ed019dc7cb542049037c646e6df0780	It is also possible that sheer frustration of not having borne a male child, which the appellant is alleged to have desired, may have also driven her to commit suicide.	6ANALYSIS
1,735	e32ddb20bff04e5aaab8026b05b5c757	Even if it was her case that she was being harassed and ill-treated, there was no such allegation of harassment and ill-treatment of the young child.	6ANALYSIS
1,735	e23f8272e90747f9ac6cf44e870f7305	In that view of the matter, it cannot be concluded with any certainty that there was constant cruelty meted out to Lakshmi and that there was abetment of the commission of suicide by Laxmi.	2RATIO
1,735	16bfb0be792a45b8a4d1260719ab3002	In that view of the matter, the finding of the court below based entirely on the evidence of PW.8 to 11 cannot be sustained.	6ANALYSIS
1,735	0a87e344b8be4986a61e2a9edd0fb971	In the result, the appeal is allowed.	1RPC
1,735	375bebe6234540bf92865406f84bece0	The judgment of the court below is set aside.	1RPC
1,735	70cb6f740b1746259612a99bc2df8062	The appellant is acquitted.	1RPC
1,735	9cdcf8bd45584c7097d1444920690609	The fine amount, if any, paid by the appellant shall be refunded.	1RPC
1,735	9d3cd3d2675b4f78a936b4b3256b8862	The office is directed to communicate this order to the jail authorities of the Central Jail, Gulbarga, to set the appellant at liberty as he has been in custody for the past three years.	1RPC
1,735	cc1d3ae6bc2b4493a1c876e1eee87d66	Sd/- JUDGE nv	0NONE
4,183	ac4523a0252e4007986cefbd6d5f571a	1/11 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 06TH DAY OF JULY 2018 PRESENT THE HON'BLE Dr.JUSTICE VINEET KOTHARI AND THE HON'BLE Mrs.JUSTICE S.SUJATHA I.T.A.No.415/2017 BETWEEN: 1. PR. COMMISSIONER OF INCOME TAX-7 C.R. BUILDING, QUEENS ROAD BANGALORE-560001. 2. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(1)(1), BANGALORE. ...APPELLANTS (By Mr. E.I. SANMATHI, ADV.) AND: M/S. TESCO HINDUSTAN CENTRE PVT. LTD No.81 & 82, EPIP AREA RESEARCH CENTRE-2 WHITEFIELD, BANGALORE-560095 PAN: AABCT8915B. ...RESPONDENT (RESPONDETN SERVED & UNREPRESENTED)	12PREAMBLE
4,183	596624a30df2412884e470f71c1f0854	THIS I.T.A IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED 25-01-2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, `B' BENCH, BANGALORE, IN APPEAL PROCEEDINGS Vs. M/s. Tesco Hindustan Centre Pvt. Ltd 2/11 No.IT(TP)A No.569/Bang/2015 FOR ASSESSMENT YEAR 2010-11 ANNEXURE-A	12PREAMBLE
4,183	998e1b72078f42cdb71205556967f29d	AS SOUGHT FOR IN THIS APPEAL AND TO GRANT	12PREAMBLE
4,183	6852a7950c364e7585eda7b5a6a7d07d	SUCH OTHER RELIEF AS DEEMED FIT IN THE INTEREST OF	12PREAMBLE
4,183	4aa103d0a15b40a5b7a69c9e1fa5b684	JUSTICE	12PREAMBLE
4,183	93b9ec3c4f3e4e4a9b9d70b460114574	. THIS I.T.A. COMING ON FOR HEARING, THIS DAY	12PREAMBLE
4,183	df54fd6da27540c59c173068207b7e6e	S. SUJATHA J. DELIVERED THE FOLLOWING:-	12PREAMBLE
4,183	cf545be157d04bd4bd44aeaa1d90d68c	JUDGMENT	12PREAMBLE
4,183	0b70bcd3dcd648be882c42a7cc0220e1	Mr. E.I.Sanmathi Adv. for Appellants- Revenue 1.	0NONE

1,735

d7a902fe9c23417499a7ef782f9fbdeb

IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA DATED THIS THE 22ND DAY OF FEBRUARY, 2013

12PREAMBLE

1,735

8d41599e98424d9480c25109556a7d14

BEFORE THE HON'BLE MR.JUSTICE ANAND BYRAREDDY CRIMINAL APPEAL NO.3532 OF 2012 BETWEEN: R Babu S/o Siddappa, .. APPELLANT Age: 30 Years, Occ: Household, R/o: Sunthan Village, Taluk Chincholi, District Gulbarga. (By Shri Ishwar Raj S.Chowdapur, Advocate) AND: The State of Karnataka .. RESPONDENT (Through Ratkal Police Station) Represented by Additional State Public Prosecutor, Circuit Bench, Gulbarga. (By Shri S.S.Aspalli, Government Pleader)

12PREAMBLE

1,735

e501424117da40a7935c2d9f2fb2fe38

This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 by the advocate for the appellant praying to set aside the order of conviction and sentence in S.C.No.232/2008 on the file of the II Additional Sessions Judge, Gulbarga and acquit the appellant.

12PREAMBLE

1,735

4825806388fe43d39f73354b10b5b32d

This appeal coming on for hearing this day, the court delivered the following :- JUDGMENT

12PREAMBLE

1,735

d6893a25f82948f8be17fc9e876fb716

Heard the learned Counsel for the appellant and the learned Government Pleader.

0NONE

1,735

5ffc5502c95d45d7aae96937f128fdcb

2. The accused is in appeal in the following circumstances:- The appellant was accused of offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860 (Hereinafter referred to as the `IPC', for brevity).

11FAC

1,735

afca23e571ad475d89a6fa226ca771bd

The complainant Sonabai was a resident of Hanumantwadi in Basavakalyan Taluk, Bidar District.

11FAC

1,735

7781f76712ed452dab7119e58f514065

She had two daughters, Laxmibai and Sangeeta.

11FAC

1,735

13ad25d88e1a4cf7b1a0f8e49561acb5

She had lost her husband about 12 years prior to the complaint.

11FAC

1,735

bdd429d80cb149b280248e4e26d3f86d

She had performed the marriage of her elder daughter Laxmi six years prior to the complaint.

11FAC

1,735

1ec1e1b5834845808d852df5b1880db4

Lakshmi was married to the present appellant.

11FAC

1,735

a5e8eb6283c94e09a44165b43f87c1c3

It is claimed that the accused had looked after Lakshmi well till the birth of their first child, which was a girl and he was not happy with the girl child and thereafter started ill-treating Lakshmi, apart from which, he was also demanding dowry and on that pretext, he used to assault her continuously.

7ARG_RESPONDENT

1,735

ed8b1acb94c8470586e021c67ab456f0

In this regard, it is the complainant's case that Laxmi had repeatedly told her about the ill-treatment.

7ARG_RESPONDENT

1,735

a9bd365a88ce4a7b8bd0d3c281ff66a9

The complainant however had consoled her daughter and had assured her that she would advise the accused to take better care of her.

7ARG_RESPONDENT

1,735

2fb832bb62e4497eb7dc05e892c0c97c

It is the complainant's further case that in this regard, she along with her son Ramakrishna and Goudappa Patil went to the house of accused at Suntan village and had advised the accused not to ill-treat Lakshmi by demanding money, as they could ill- afford any such dowry.

7ARG_RESPONDENT

1,735

b33ce164ed854b979830f07dee893d61

However, on 7.3.2008, she had received a message from Jaganath of Suntan village, that at about 10 p.m., her daughter Laxmi and grand-daughter Bhagewati had died of drowning in a well.

11FAC

1,735

a9de2636db5f45cbb62db1a2c4a1f811

The complainant, Ramakrishna and Goudappa Patil did rush to the Suntan village and saw the dead body of her daughter and grand-daughter and then lodged a complaint against the accused.

11FAC

1,735

647d015d71ca4ffb85de3753f17b9eca

Based on which, a case was registered on 8.3.2008 and a report was submitted to the Court of the JMFC.

11FAC

1,735

6dbcab60ba0a40f8a002ee985996f672

An inquest mahazar was conducted of the deceased and the bodies were sent for post-mortem and after taking further steps, a charge sheet was submitted against the accused as on 17.9.2008.

11FAC

1,735

961cc86c78694eac828af3346db7bd42

The case was committed to the sessions court for trial, which framed charges against the accused and the accused having pleaded not guilty and having claimed to be tried, the prosecution had examined 17 witness and marked 11 documents and 3 material objects.

11FAC

1,735

7b7b584c289b48ffbe6a9da3a636c937

On conclusion of the trial and on examination of the accused under Section 313 of the Code of Criminal Procedure, 1973, the court below had framed the following points for consideration:- 1.

10RLC

1,735

46891ca4e9ec41cbada469eed82d85d2

Whether the prosecution proves that accused has given ill-treatment to deceased Laxmi by demanding her to bring money from her parental house?

10RLC

1,735

4e1744e9b061445598ad1a7972bfc0d7

2. Whether the prosecution proves that accused has subjected deceased Laxmi to cruelty to such an extent that deceased Laxmi has committed suicide on 17.3.2008?

10RLC

1,735

3fcfda128d5e4e1fba0bfb61aeddbd61

3. The court below answered the above points in the affirmative and accordingly had convicted the accused to undergo simple imprisonment for three years and pay a fine of Rs.5,000/- for the offence punishable under section 498-A IPC and 10 years simple imprisonment and to pay fine of Rs.10,000/- for the offence punishable under Section 306 of the IPC.

10RLC

1,735

0ce4febeac0f4a0a8be353297062d0f5

It is that which is under challenge in the present appeal.

11FAC

1,735

2f6b4f03a7034572b45c9f611b23fcdd

4. learned Counsel for the appellant would submit that the case of the prosecution rests entirely on the evidence of PWs.8 to 11.

8ARG_PETITIONER

1,735

4ffdbb09c0744ce6bb1dbf782a16787f

PW.8 is the mother of the deceased Laxmi, PW.9 is the brother, PW.10 is the sister and PW.11 is an elder of the village.

8ARG_PETITIONER

1,735

112a90823c744622b0c2e37c75a07065

It is their consistent evidence that Laxmi was constantly complaining about the appellant ill-treating her complaining that she had produced a female child when he wanted a male child and further that she had not fetched enough dowry and therefore she should bring some more money.

8ARG_PETITIONER

1,735

c15851b2d28342cdb3979e60542267f4

It is further reiterated that the complainant along with her son and Goudappa Patil had advised him to take better care of Laxmi and that they were all aware of the continuous harassment meted out to Laxmi, which had instigated her to take the extreme step of committing suicide along with her daughter and therefore, the offences punishable under sections 498A and 306 of the IPC are made out.

8ARG_PETITIONER

1,735

46d1f5d99179495ba12c2234d7cd6c6a

The learned Counsel would point out that PWs.1 to 6, who were the witnesses belonging to the village of the appellant, namely Suntan village, had all turned hostile and not supported the case of the prosecution.

8ARG_PETITIONER

1,735

d05e0394c1f84cc59b364ea9594a9123

They were the best persons, according to the prosecution, who had made statements of the appellant being seen ill-treating Laxmi and since that was the sheet anchor of the prosecution case and in the face of those witnesses having been treated as hostile witnesses, they had apparently been compelled to furnish such statements by the hands of the Police and this, therefore explains the circumstance that all of them, without exception, have turned hostile at the trial.

8ARG_PETITIONER

1,735

2ad5021f021e43f3b3b438241f9d3168

The only evidence on which the prosecution and the court below however placed reliance is on the evidence PWs.8 to 11.

8ARG_PETITIONER

1,735

9e0bd37a4da247cca01cb97996990959

First of all, those witnesses did not have any direct knowledge nor is it their case that they have seen the appellant ill-treating the deceased or instigate her to commit suicide.

8ARG_PETITIONER

1,735

8497c263a06b4a098b74f066bc7ea65b

It is their own case that Laxmi had on and off informed them of such ill-treatment.

8ARG_PETITIONER

1,735

df2c3e1bf93645089af1b2dfb8fbd8d4

Therefore, in the absence of any direct evidence of ill-treatment or instigation by the appellant, it cannot be said that the prosecution has made out any case insofar as offences punishable under Sections 498A and 306 of the IPC are concerned.

8ARG_PETITIONER

1,735

539b4bc93d0744b68c6ef6e6c3323d22

In this regard, the learned Counsel for the appellant places reliance on a decision of the Supreme Court in S.S.Chheena vs. Vijay Kumar Mahajan and another, 2010(4) Crimes 101 and would submit that even if the evidence of PWs.8 to 11, is taken on its face value, it cannot be treated as direct evidence, which could establish the charges under the sections aforesaid and hence pleads that the judgment be set aside and the appellant be acquitted.

8ARG_PETITIONER

1,735

8c55d5a411c14dcfb4b31239a4d06980

5. le

7ARG_RESPONDENT

1,735

d2179bef6bdc43ebb8099dc69ffb542e

the learned Government Pleader would seek to justify the judgment of the court below and would point out that it is the consistent evidence of PWs.8 to 11 that there was constant ill-treatment, soon after the birth of Bhagewati, by the appellant to the deceased Laxmi, which has driven her to commit suicide.

7ARG_RESPONDENT

1,735

b679c873ca9448f58d278fc3c88746fa

The constant taunting and harassment would certainly amount to instigation to commit suicide.

7ARG_RESPONDENT

1,735

89a4b0d7cfa94399b0e4fd2c2ebed29d

As has been laid down in a catena of decisions, the ill-treatment by the husband within the four walls of the house would hardly be witnessed by others.

7ARG_RESPONDENT

1,735

c357290ed1ff4b12bc695063706ffd69

The unfortunate circumstance that PWs.1 to 6, who did make statements in the first instance of they having seen the ill-treatment meted out to the deceased, having turned hostile, does not negate the evidence of other witnesses.

7ARG_RESPONDENT

1,735

1b30e949954448649216d8232a28a4c9

The fact of ill-treatment is narrated first hand by the deceased time and again to the complainant and others, as consistently stated by them.

7ARG_RESPONDENT

1,735

b0d4dc35478e4f8387ff2c7ef8a68eb1

Therefore, the cruelty is writ large in the circumstances of the case, as has been demonstrated by the extreme step taken by the deceased not only to kill herself, but also to put an end to the life of her daughter Bhagewati, as apparently, the deceased did not want her daughter also to go through the very ordeal that she had experienced.

7ARG_RESPONDENT

1,735

ef5f42aab3a04d6493658fd296000b4b

That was the clinching factor.

7ARG_RESPONDENT

1,735

dce2740597af414585720c62584e3a86

It is only the near and dear ones of the victim, who would have knowledge of the details of ill- treatment and harassment and the independent witness, PW.11 having also been a well-wisher of the family, who had constantly kept in view the welfare of the family and also having declared that he had visited the appellant after he had constantly ill-treated Laxmi, to advise him to take better care of her, in the presence of the mother of the deceased and her brother

7ARG_RESPONDENT

1,735

fa33bdca35d64a238e967781e99583ad

, cannot be overlooked.

7ARG_RESPONDENT

1,735

22a3bf6751184bf08f2e7ac1bfc8bad7

He was not in any way related to the complainant or her family and he had no ill-will against the accused.

7ARG_RESPONDENT

1,735

92c11c20823a439eb41860bbf1ceb50d

He was an elder of the village and has withstood the test of cross-examination.

7ARG_RESPONDENT

1,735

6a293a2c4fd8466c9f92042f8572e864

Therefore, the court below having placed reliance on the testimony of PWs.8 to 11 is not to be faulted and the death of Laxmi within six years from her marriage, would raise a presumption against the husband in terms of the law and the facts in the present case on hand would clearly indicate that there was constant harassment and instigation, which had driven Laxmi to commit suicide, who has also taken her daughter with her in committing suicide.

7ARG_RESPONDENT

1,735

546ab730dfd0474192e27281c909723a

6. Given the rival contentions, as pointed out by the learned Counsel for the appellant, in order to bring home the charge of an offence punishable under Section 498A IPC, it is necessary to prove that there was cruelty.

6ANALYSIS

1,735

c1ffd1c70a6547858fa7a4559390a36d

There was nothing on record to indicate that the family of Laxmi was incapable of providing any dowry, given the fact that her father was no more and that they were not well of and the marriage having taken place six years prior to the incident, the demand for dowry coming at a late stage, would not raise any presumption of such demand in the absence of any direct evidence.

6ANALYSIS

1,735

ceb702adb4c04821a146d025c6b372dc

It is only to bring the case within the scope of Section 498A that such an allegation is made.

6ANALYSIS

1,735

ba72e5d3834d4af5b87228ca7af56d1d

Therefore, to hold that the prosecution had established its case beyond all reasonable doubt insofar as the offence punishable under section 498A cannot be presumed merely on the basis of the evidence of PWs.8 to 11.

6ANALYSIS

1,735

7b4389afecdd41e6be712375b89222c6

Insofar as the offence punishable under section 306 of the IPC, is concerned, again would require the prosecution to establish the circumstance that there was instigation by the appellant on Lakshmi to commit suicide and that he had intentionally driven her and his daughter to commit suicide.

6ANALYSIS

1,735

b0f29b479fbd43e08d8143aff97fc957

The apex court, in the decision cited by the learned Counsel for the appellant, in S.S.Chheena vs. Vijaya Kumar Mahajan and another, 2010 (4) Crimes 101, has discussed and reviewed the case law in this regard, with reference to the following authorities :- Mahendra Singh vs. State of M.P., 1995 Supp (3) SCC 731

4PRE_RELIED

1,735

89fc5018c6104600b2800d118235eca0

In this case, the allegations levelled against the accused were as follows: " I...

4PRE_RELIED

1,735

2cc574713c6e46d6adf9e63581d0e5da

My mother-in-law and husband and sister-in-law (husband's elder brother's wife) harassed me.

4PRE_RELIED

1,735

5f101ddbda014273a41fddcdcaa3f9cd

My husband Mahendra wants to marry a second time.

4PRE_RELIED

1,735

4ae39a5280a44118b31b408950fd6faa

He has illicit connections with my sister-in-law.

4PRE_RELIED

1,735

758043621b364e25b205dea095be108b

Because of these reasons and being harassed, I want to die by burning"

4PRE_RELIED

1,735

18797056bd3e4437a2487b041743766a

The court concluded that by no stretch of imagination, the ingredients of abetment are attracted on the statement of the deceased.

4PRE_RELIED

1,735

bf3b814fce2648679e6bd09f64474296

In Ramesh Kumar vs. State of Chhattisgarh, (2001)9 SCC 618, a three-judge bench of the apex court had occasion to deal with a case of similar nature.

4PRE_RELIED

1,735

c958a052d2304b649564e92e9804b1fc

In an argument between a husband and wife, the husband had stated that "you are free to do whatever you wish and go wherever you like".

4PRE_RELIED

1,735

6d240ccf717b44a38f3a4928c7e2c711

Thereafter, the wife is said to have committed suicide.

4PRE_RELIED

1,735

47125c0fd5894033ba455065b04b2c43

The apex court, in that circumstance, examined the different shades of the meaning of "instigation" as hereunder:- "20. Instigation is to goad, urge forward, provoke, incite or encourage to do `an act'.

4PRE_RELIED

1,735

07db2cf9e6e44ac391b5682700042aba

To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence.

4PRE_RELIED

1,735

0da7dc5c418d43d58d5fd8b576133ed4

Yet a reasonable certainty to incite the consequence must be capable of being spelt out.

4PRE_RELIED

1,735

e250a1bb286d4b53ab5be397fb8837e7

The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred.

4PRE_RELIED

1,735

f4d797367b2e420a92003ad6891205d7

A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation."

4PRE_RELIED

1,735

33928b08c79541fa850d06a27566d5b9

In State of West Bengal vs. Orilal Jaiswal, (1994)1 SCC 73, the apex court has expressed that the court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial court for the purpose of finding whether cruelty meted out to the victim had in fact induced her to end life by committing suicide.

4PRE_RELIED

1,735

5662a680e73b49029c5e9c0622e34eb0

If it appears to the court that a victim committing suicide was hyper sensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty.

4PRE_RELIED

1,735

bcc64a6e18884a088e80735ff8bd92dc

In Chitresh Kumar Chopra vs. State, (2009) 16 SCC 605, the court dealt with the meaning of the word "instigation" and "goading".

4PRE_RELIED

1,735

9108b7498f1b42148018dce1f5cb1377

The court has opined that there should be intention to provoke, incite or encourage the doing of an act by the latter.

4PRE_RELIED

1,735

e385718730974961b358a6b02fcc7240

Each person's suicidability pattern is different from the other.

4PRE_RELIED

1,735

86d5215bb22b4d7abb66d4c1afe42309

Each person has his own idea of self-esteem and self-respect.

4PRE_RELIED

1,735

8584c12afdb143fe942fdd816bdb8e9f

Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases.

4PRE_RELIED

1,735

78af365b86054df79258dfaea328cd80

Each case has to be decided on the basis of its own facts and circumstances.

4PRE_RELIED

1,735

9a53ec65bcb543da97470d0d098feae8

Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing.

4PRE_RELIED

1,735

a9b8f6d5134d47f0947b95bbb5ece58c

Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

4PRE_RELIED

1,735

549c8ba52170444fa8b8c6f6a0175f2b

The intention of the legislature and the ratio of the cases decided by the apex court were clear that in order to convict a person under section 306 of the IPC, there has to be a clear mens rea to commit the offence and it also requires an active act or direct act which lead the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.

4PRE_RELIED

1,735

15f1431d7f754c09a3a31505c55aa900

The above being the settled legal position insofar as abetment of suicide is concerned, in the absence of any direct evidence of the appellant having driven the deceased to commit suicide, the possibility of the deceased having been hyper sensitive to the alleged demand of the appellant, that he wanted a male child and having regard to the aspect that the latent or patent suicidal tendencies of an individual are not to be placed in a straitjacket formula, the actual state of mind of Laxmi in having committed suicide, cannot be attributed to any instigation or abetment by the appellant in her having committed suicide, along with her only child.

6ANALYSIS

1,735

6ed019dc7cb542049037c646e6df0780

It is also possible that sheer frustration of not having borne a male child, which the appellant is alleged to have desired, may have also driven her to commit suicide.

6ANALYSIS

1,735

e32ddb20bff04e5aaab8026b05b5c757

Even if it was her case that she was being harassed and ill-treated, there was no such allegation of harassment and ill-treatment of the young child.

6ANALYSIS

1,735

e23f8272e90747f9ac6cf44e870f7305

In that view of the matter, it cannot be concluded with any certainty that there was constant cruelty meted out to Lakshmi and that there was abetment of the commission of suicide by Laxmi.

2RATIO

1,735

16bfb0be792a45b8a4d1260719ab3002

In that view of the matter, the finding of the court below based entirely on the evidence of PW.8 to 11 cannot be sustained.

6ANALYSIS

1,735

0a87e344b8be4986a61e2a9edd0fb971

In the result, the appeal is allowed.

1RPC

1,735

375bebe6234540bf92865406f84bece0

The judgment of the court below is set aside.

1RPC

1,735

70cb6f740b1746259612a99bc2df8062

The appellant is acquitted.

1RPC

1,735

9cdcf8bd45584c7097d1444920690609

The fine amount, if any, paid by the appellant shall be refunded.

1RPC

1,735

9d3cd3d2675b4f78a936b4b3256b8862

The office is directed to communicate this order to the jail authorities of the Central Jail, Gulbarga, to set the appellant at liberty as he has been in custody for the past three years.

1RPC

1,735

cc1d3ae6bc2b4493a1c876e1eee87d66

Sd/- JUDGE nv

0NONE

4,183

ac4523a0252e4007986cefbd6d5f571a

1/11 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 06TH DAY OF JULY 2018 PRESENT THE HON'BLE Dr.JUSTICE VINEET KOTHARI AND THE HON'BLE Mrs.JUSTICE S.SUJATHA I.T.A.No.415/2017 BETWEEN: 1. PR. COMMISSIONER OF INCOME TAX-7 C.R. BUILDING, QUEENS ROAD BANGALORE-560001. 2. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(1)(1), BANGALORE. ...APPELLANTS (By Mr. E.I. SANMATHI, ADV.) AND: M/S. TESCO HINDUSTAN CENTRE PVT. LTD No.81 & 82, EPIP AREA RESEARCH CENTRE-2 WHITEFIELD, BANGALORE-560095 PAN: AABCT8915B. ...RESPONDENT (RESPONDETN SERVED & UNREPRESENTED)

12PREAMBLE

4,183

596624a30df2412884e470f71c1f0854

THIS I.T.A IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED 25-01-2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, `B' BENCH, BANGALORE, IN APPEAL PROCEEDINGS Vs. M/s. Tesco Hindustan Centre Pvt. Ltd 2/11 No.IT(TP)A No.569/Bang/2015 FOR ASSESSMENT YEAR 2010-11 ANNEXURE-A

12PREAMBLE

4,183

998e1b72078f42cdb71205556967f29d

AS SOUGHT FOR IN THIS APPEAL AND TO GRANT

12PREAMBLE

4,183

6852a7950c364e7585eda7b5a6a7d07d

SUCH OTHER RELIEF AS DEEMED FIT IN THE INTEREST OF

12PREAMBLE

4,183

4aa103d0a15b40a5b7a69c9e1fa5b684

JUSTICE

12PREAMBLE

4,183

93b9ec3c4f3e4e4a9b9d70b460114574

. THIS I.T.A. COMING ON FOR HEARING, THIS DAY

12PREAMBLE

4,183

df54fd6da27540c59c173068207b7e6e

S. SUJATHA J. DELIVERED THE FOLLOWING:-

12PREAMBLE

4,183

cf545be157d04bd4bd44aeaa1d90d68c

JUDGMENT

12PREAMBLE

4,183

0b70bcd3dcd648be882c42a7cc0220e1

Mr. E.I.Sanmathi Adv. for Appellants- Revenue 1.

0NONE