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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
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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
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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
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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
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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
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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
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It is that which is under challenge in the present appeal.
11FAC
1,735
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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