IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY CRIMINAL APPEAL No.1336 OF 2010 BETWEEN:
Ismail S/o. Late Shafi, Aged about 40 years, Occupation:Autoriksha driver, R/o. Anjaneya Agrahara, New Town, Bhadravathi, District Shimoga.
(By Sri. Dinesh Kumar K. Rao, for Sri.R.B.Deshpande, Advocate) AND:
The State of Karnataka by New Town Police, Bhadravathi.
(By Sri. Divakar Maddur, HCGP) **** …Appellant …Respondent This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to set aside the conviction and sentence dated:13/15.12.2010 passed by the P.O. Fast Track Court., Bhadravathi in S.C.No.151/2008 – convicting the appellant/accused for the offence punishable under Section 498-A, 504 & 306 of IPC, sentencing him to undergo R.I. for three years and pay a fine of Rs.500/- in default of payment of fine he shall further undergo imprisonment for three months-for the offence punishable under Section 498A of IPC; the appellant/accused is sentenced to undergo R.I. for two years for the offence punishable under Section 504 of IPC and he is sentenced to undergo R.I. for seven years and pay a fine of Rs.500/- in default of payment of fine he shall further undergo imprisonment for three months for the offence punishable under Section 306 of IPC and all the sentences shall run concurrently.
This Criminal Appeal coming on for Hearing, this day, the Court delivered the following:
J U D G M E N T The appellant has filed this appeal challenging his conviction passed by the Fast Track Court at Bhadravathi (hereinafter referred to as “Trial Court” for brevity) in S.C.No.151/2008 in its judgment dated 13/15.12.2010 wherein it has convicted the accused for the offence punishable under Sections 498-A, 504 and 306 of Indian Penal Code (hereinafter called as “IPC” for brevity) and sentenced him accordingly.
2. The summary of the case of the prosecution is that, one Smt. Hasina Banu, D/o. Chotasab was married to the accused(appellant herein) about 15 years prior to the date of the complaint and the couple had three children born to them of the said wedlock. After leading a happy marital life for about one or two years, the husband/accused started to ill-treat his wife and started quarrelling with her for silly matters and also neglected to take care of his family. He was not providing any financial help or provisions/ration for maintenance of his family. Though the accused was running an Autorickshaw as driver, he stopped showing any concern to his family, but got addicted to the habit of consuming liquor and also started to suspect the fidelity and character of his wife. He was subjecting his wife to both physical and mental cruelty.
3. On 05.01.2008 at about 9:15 p.m., the accused went to his house and abused his wife Smt. Hasina Banu in filthy language and also stated that she had illicit relationship with some other person and that she should die by pouring kerosene upon her. Being annoyed by repetitive abusive words hurled by her husband and also for suspecting her fidelity and character, Hasina Banu took up a stored kerosene Can and poured it on her. According to the prosecution, the accused gave her a match box to enable her to lit fire to herself. Accordingly, she put herself ablaze and sustained burns. Their children were the witnesses to this incident who raised hue and cry upon which the neighbours came to the rescue and put-off the fire. She was shifted to Bhadravathi Government Hospital and from there to Shimoga Hospital. In the said Hospital, injured Hasina Banu gave a statement to the respondent Police which was treated as her complaint and a crime came to be registered against her husband, that is, the present accused on 06.01.2008 in Crime No.4/2007 for the offence punishable under Sections 504 and 498-A of IPC. While under treatment in the Hospital, she died on 17.01.2008 at 5:30 a.m. Thereafter her brother by name Babajan furnished an information to the Police as such, Section 306 of IPC was also included in the crime.
4. After conducting the investigation, the Police filed the charge sheet against the accused for the alleged offences. Since the accused pleaded not guilty, in order to prove the allegations against the accused, the prosecution examined PW1 to PW20 and got marked documents from Ex.P1 to P13(b) and Material Objects at MO1 to MO2(a). Neither any witness was examined nor any documents were marked from the accused’ side.
5. After hearing both sides, the Trial Court under the impugned judgment, convicted the accused for the alleged offences and sentenced him accordingly.
It is the said judgment of conviction, the appellant/accused has challenged in this appeal.
6. Lower Court records were called for and the same are placed before this Court. The respondent is being represented by learned High Court Government Pleader.
7. Heard the arguments on both side. Perused the material placed before the Court including the Lower Court records.
8. From the arguments from both side and perusal of the materials placed before this Court, the undisputed fact remains that the deceased Hasina Banu was married to the present accused about 15 years prior to the date of alleged incident and that they got three children born of the said wedlock and these three children are PW2, PW3 and PW4, aged 15 years, 13 years and 9 years respectively as on the date of recording their evidence in the Court below.
9. PW1, the elder brother of the deceased, in his evidence, has stated that for about five years after the marriage, the accused led a happy married life with his wife, i.e. deceased Hasina Banu. Thereafter, he increased consumption of liquor. He was an autorickshaw driver and used to consume liquor and used to assault and abuse his wife. He was also suspecting the character and fidelity of his wife stating that she had illicit relationship with somebody. He was not even coming home daily but was coming once in a week, still, was not taking care of the family and was not providing anything for the maintenance of the family including making any provision for food. Whenever asked by his wife as to why he was not taking care of the family, he used to assault her.
The witness has also stated, the accused was repeatedly asking his wife to die. In such a situation, the deceased Hasina Banu poured kerosene upon herself for which the accused lit fire with match stick. Hasina Banu sustained burns and was shifted to Hospital by this witness and other people. This witness has categorically stated that under the influence of liquor, the accused was subjecting her to cruelty and suspecting her fidelity and character and also not taking care of maintenance of the family. He also stated that accused was the reason for the death of Hasina Banu. Even in his cross- examination, he adhered to the original version and stated that the details of the cruelty has been told to him by none else than his sister, that is, Hasina Banu.
10. PW2, PW3 and PW4 are the children of deceased and the accused. All the three of them have stated that their father was addicted to liquor and was harassing, assaulting and subjecting their mother to cruelty; he was abusing her in filthy language and suspecting her character; he was also asking her to die. Being frustrated with the repeated act of her husband, who was also asking her to die, their mother i.e. Hasina Banu poured kerosene upon herself and set fire on 05.01.2008. These witnesses have also stated that after seeing her, they raised hue and cry, on which the neighbours including Devamma arrived at the spot and put-off the fire and the injured was shifted to the Bhadravathi Hospital and from there to Shimoga hospital where she succumbed to the injuries on 17.01.2008. These witnesses have also stated that it is the accused who is the cause for the death of their Mother.
In addition to the above, PW2 has also stated that after the incident, the Police had visited their house and had drawn scene of offence panchanama as per Ex.P2 and at that time, from the place of occurrence of the offence, the Police also seized a kerosene Can with a capacity of 5 litres and two cloths which this witness has identified as MO1 and MO2. All these three witnesses have denied the suggestion made to them in their cross-
examination that their father i.e. the accused was taking care of their family.
11. PW5 and PW6 who are neighbours of the accused and the deceased have stated that, they knew the accused and his wife, who are their neighbours, but have stated that they do not know how their family was continued. However, they have stated that on the date of incident, they heard the children of the accused yelling and raising hue and cry in their house and saw Hasina Banu, the wife of the accused running out from her house ablaze with fire on her body. These two witnesses joined by others put-off the fire and enabled to shift the injured to the Bhadravathi Hospital and later the injured was shifted to Shimoga Hospital where she succumbed to the injuries on 17.01.2008 at 5:30 a.m.
12. PW7 is the mother of the deceased Hasina Banu who, in line with her son, i.e. PW1 has stated that the accused used to consume liquor and subject her daughter i.e. the deceased Hasina Banu to cruelty and totally ignored the maintenance of his family; he was not providing the basic necessities to the family, on the other hand, he was suspecting the character and fidelity of his wife and alleging that she had illicit relationship with somebody. This witness has stated that these factual details were now and then being given to her by none else than by her daughter Hasina Banu.
The witness has further stated that on the date of incident also, there was a quarrel between the accused and the deceased, at which time, the accused had asked his wife Hasina Banu to pour kerosene and die or else he would make her to die by pouring kerosene. That made her daughter to pour kerosene on her. Having heard about this news, she (this witness) rushed to the spot and shifted the injured daughter to Bhadravathi Hospital and from there, as per the Doctor’s advise to Shimoga Hospital. The witness has specifically stated that for the said incident of her daughter sustaining burns, it is the accused who is the cause. She also stated that due to unbearable allegations made against her about the illicit relationship, her daughter having lost happiness in life, poured kerosene upon her and set herself on fire. Even in her cross-examination, this witness adhered to her original version.
13. PW8 is the elder sister of the deceased who has also given her evidence in the line of her brother and mother, i.e. PW1 and PW7 respectively. She has stated that the accused used to consume liquor and subject her sister to cruelty and those incidents were revealed to her by none else than by her deceased sister herself. The witness has stated that her sister also told her that the accused was suspecting her character, stating that she had illicit relationship with somebody else. She was also stating to this witness about the accused not taking care of the family and not providing any ration or necessities to the family.
14. With respect to the alleged incident, PW8 has stated that on the night of the incident at about 9:30 p.m., her sister poured kerosene and sustained burn injuries. The next day, she went to the Hospital and enquired with her sister Hasina Banu, who told to this witness that it is because of the constant quarrel made by her husband and cruelty meted out to her by her husband and also because of his allegation that she had maintained illicit relationship and also for he asking her to die, being frustrated in life, she poured kerosene upon her and set fire. Even in her cross-examination, she has adhered to her original version and denied the suggestion that it is because of the poverty that her sister committed suicide.
15. PW9, another neighbour though has not supported the case of the prosecution to the extent it was expected, but, has stated that the accused and the deceased had three children and always there was quarrel between them on silly matters. There was some difficulty also in their family. He has stated that he does not know why Hasina Banu set fire on herself.
16. PW10, Doctor has spoken about the conducting of autopsy on the body of the deceased Hasina Banu and after noticing the external injuries, their nature, he has opined that the burns were anti- mortal and of 70% to 75% in extent. He opined that the death was due to septesemia as a result of burns sustained. He has also identified the Post Mortem report issued by him at Ex.P6. He was not cross-examined from the side of the accused.
17. PW11 has stated that the scene of offence panchanama as per Ex.P2 was drawn in his presence, however, he has stated that no articles were seized in his presence from the place.
18. PW12, a Police Constable has stated about he being deputed to wash the dead body of the deceased.
19. PW13, Head Constable has stated that he traced and arrested the accused on 06.02.2008 and produced him before his superior.
20. PW14, the then Taluka Executive Magistrate at Shimoga has stated that on the request letter by the Police, he went to Shimoga District Mc. Gann. Hospital on 06.01.2008 and recorded the statement of Hasina Banu who was admitted as a patient in Women’s burns ward. The witness has stated that before recording her statement, he got the patient medically examined by the Duty Doctor there about her fitness, both physically and mentally to give the statement. It is only after the Doctor certified about her fitness to give statement, he recorded her statement between 5:15 p.m. and 5:30 p.m. The witness stated that he has identified ExP8 and his signature at Ex.P8(a).
21. PW15, the Police Constable has stated about he carrying FIR from the Station and submitting it to the Magistrate.
22. PW16, the cousin brother of the deceased though has stated that accused was the husband of Hasina Banu and they had three children born to them, but has pleaded his ignorance about the marital life of the deceased with the accused. He has stated that the deceased had not revealed anything before him.
23. PW17, PSI, has stated about he receiving the statement of injured Hasina Banu recorded by the Head Constable of the Station as per Ex.P10 and registered a crime in their Station Crime No.4/2008 against the accused for the offences punishable under Sections 504, 498-A of IPC, prepared the FIR as per Ex.P11 on the same day and also requested the Taluka Executive Magistrate to record the dying declaration of the injured. The witness has also stated about he conducting investigation in the matter to some extent which also included visiting the scene of occurrence of the offence and drawing the panchanama in the presence of the panchas as per Ex.P2 and seizing the MO1 and MO2 from the spot. The witness has also stated about sending those articles to Forensic Science Laboratory and receiving its report at Ex.P16. The witness claims that he has recorded the statements of some of the witnesses in this matter and also receiving further information from the elder brother of the deceased about the death of the injured. Thus he included Section 306 of IPC also in the case. The witness has further stated about the conducting of inquest panchanama and recording statements and further statements of four more witnesses, preparing a sketch about the scene of occurrence of the offence and apprehending the accused through his staff. The witness has stated that after collecting Post Mortem report and completing the investigation, he has filed the charge sheet against the accused.
24. PW18, another Doctor at Mc. Gann. Hospital at Shimoga has stated that while he was discharging his duties in the Emergency Treatment Section of the Hospital, on 06.01.2008 at about 1:45 a.m., at the request of respondent Police, he examined injured Hasina Banu, who was admitted to their Hospital and informed the Police Head Constable that she was in a fit condition to give her statement. He was also present when the statement of the injured was recorded by the Police Head Constable and signed on the said statement which statement this witness has identified as PW10 and his signature therein as per Ex.P10(b). The witness has also stated that Hasina Banu has told him that it was because her husband suspecting her character and fidelity and asking her to die, she poured kerosene and set herself on fire.
25. PW19 says that he was pancha for inquest panchanama as per Ex.P13.
26. PW20 is another Doctor in the very same Mc.
Gann. Hospital who has stated that on 06.01.2008, at the request of the Taluka Executive Magistrate cum the Tahsildar of Shimoga, he examined the health condition of Hasina Banu and found that she was physically and mentally fit to give her statement in her own words and she was fully conscious and answering orally very well.
Accordingly, he has made his endorsement on the Certificate at Ex.P8.
27. In the light of the above evidence, the argument of the learned counsel for the appellant was that there are contradictions in the two alleged statements of the victim which are at Ex.P10 and Ex.P8 as such neither of them is believable. He also submitted that the Head Constable who is stated to have recorded the first statement of the victim which is at Ex.P10 was not examined which is a lacuna in the case of the prosecution. He also submitted that the evidence of children of the deceased i.e. PW2, PW3 and PW4 is also not believable since those witnesses have not clearly stated as to where they were at the time of the incident.
He also stated that the children have not specifically stated about the presence of their father at the time of the incident.
Finally, stating that no material is placed by the prosecution to prove that there was any abetment from the side of the accused for commission of suicide by the deceased, he prays for acquittal of the accused.
28. Learned High Court Government Pleader in his arguments submitted that the nature of death of the deceased that it was a suicide, is an admitted fact. The children of the deceased were the eye witnesses to the incident, who have stated that having seen their mother pouring kerosene upon herself and setting fire, they raised hue and cry to which the neighbours rushed to the place. All the children have uniformly stated that it was their father i.e. husband of deceased who was the cause for the death of their mother since he was subjecting her to cruelty and also suspecting her chastity.
29. Learned High Court Government Pleader further submits that the repetitive act of the accused in asking his wife to die so that he can be happy and even prior to the date of incident, i.e. on 05.01.2008 also, the accused asking his wife to go and die has resulted in the accused instigating his wife to commit suicide. Further, the act and attitude of the accused of totally ignoring his family and subjecting her to constant cruelty has also driven her to commit suicide.
30. As already observed, the martial relationship between the deceased and the accused as wife and husband and PW2, PW3 and PW4 being their children is not in dispute. The relationship of the deceased with PW1- her brother, PW7- her mother, PW8 - her sister is also an admitted fact. All these witnesses, i.e., children of the deceased who are also the children of the accused and brother, mother and sister of the deceased have uniformly stated that the accused was not only addicted to liquor but was also not taking care of the family and also subjecting the deceased to cruelty.
31. The evidence of all these witnesses to the effect that the accused was an auto driver and was addicted to consumption of liquor and that when ever he visited the house, he used to be under the influence of liquor, has not being specifically denied in the cross- examination by any of these witnesses. Therefore, primarily, it is established that the accused was addicted to consumption of liquor.
32. PW1- elder brother, PW7- mother, PW8- sister of the deceased have uniformly stated that the accused being husband of the deceased was not only subjecting her to cruelty by assaulting her both physically and mentally, but also was repeatedly asking her to die. They have also stated that the accused used to abuse his wife in filthy language. All these three witnesses based their information to the knowledge said to have been given to them by none else than the deceased herself. They have stated, it is the deceased who herself had told them about she being subjected to cruelty by the accused and being asked by him to die.
33. PW1, in his cross-examination has also stated that he came to know of the harassment, ill-treatment and assault of the deceased just a week prior to the date of incident. He has also stated that though he had not been to the house of the accused, but his sister i.e. deceased Hasina Banu herself had come to his house just three days prior to the date of incident and had told him that accused was assaulting her and torturing her. In this way, PW1, who is none other than the elder brother made it clear that the accused subjecting his wife to cruelty was a regular feature and a repetitive one. The latest information about the same was given to him by none else than the victim i.e. deceased sister Hasina banu herself just three days prior to the date of incident. As such, no reasons can be found for discarding or disbelieving his evidence on these aspects who is none else than the elder brother of the deceased Hasina Banu.
34. The evidence of PW7, the mother of the deceased and PW8, the sister of the deceased have also come in uniformity with that of the evidence of PW1. These two witnesses have also stated that the accused being addicted to liquor was subjecting his wife to cruelty, physically assaulting her, quarrelling with her and suspecting her character alleging that she had developed an illicit relationship with some body. Both these witnesses have stated that apart from giving these details by none else than the deceased herself, she had also told them that her husband i.e. the accused was repeatedly asking her to die by pouring kerosene. PW8, the elder sister has gone one step further and stated that these details even though her sister had given to her prior to the incident, even after the incident also, when she met her in the Hospital on the very next morning of the alleged incident, it was again confirmed by her sister Hasina Banu. The witness has stated that when enquired in the Hospital, Hasina Banu told her that she was being subjected to cruelty by her husband and he suspected her character also and had asked her to die. Thus, being frustrated and annoyed in life, she poured kerosene upon herself and set fire. The said PW8 has shown that she was residing just within a distance of half a kilometer from the house of the deceased and that her sister Hasina Banu was visiting her once in a week. On those occasions, when she (this witness) was found alone in her house, Hasina Banu was revealing all these details to her. By stating that, the witness has also shown narrating that the deceased Hasina Banu was not revealing the alleged cruelty meted out to her by her husband in front of anybody and everybody as such. Even before revealing these aspects before her sister also, she used to find an occasion when her sister used to be alone in her house.
35. Both PW7 and PW8 adhered to their original versions even in their cross-examination also. The suggestion made to them that because of the poverty, the deceased committed suicide was not admitted as true by them.
In this way, PW1, PW7 and PW8 though have stated that death of Hasina Banu was suicide, but they have also made it clear that since considerable time and till the moment the alleged incident happened, Hasina Banu was subjected to constant cruelty by none else than by her husband i.e. the accused and it is because of the act and behaviour of the accused and his repetitive asking his wife to commit suicide, she decided to put an end to her life.
36. With the evidence of these witnesses coupled with the evidence of PW19 - inquest panch and PW10 - the Doctor who conducted autopsy, it would clearly go to show that the death of Hasina Banu was a suicide. Incidentally, the nature of death of Hasina Banu that it was a suicide has not been disputed from the side of the accused.
37. PW2, PW3, PW4 who are the children of the deceased, as observed above, have supported the case of the prosecution. PW2 is the eldest among the three children born to the deceased and accused. He has given a detailed account as to how their mother was subjected to constant cruelty by the accused. Being the sons of the accused, all these three witnesses have clearly stated that their father was addicted to liquor and when ever their father used to come home, he was assaulting their mother, abusing her in filthy language and was not taking care of the family and not providing anything towards the maintenance of the family.
PW2 has specifically stated that their father apart from suspecting the character of their mother and abusing her in filthy language was also asking her to die by pouring kerosene. It is because of such act of his father, their mother poured kerosene upon her on 05.01.2008 at about 9:15 p.m. The witness has stated that at that time, himself along with his two younger brothers were there at home and they raised hue and cry.
38. No doubt, these three witnesses in their cross- examination at one place have stated that they were in their grandmother’s house, but PW2 has not stated that at the time of incident, he was in his grand mother’s house.
39. The evidence of PW5 and PW6 who are the neighbours would clearly go to show that at the time of incident, when Hasina Banu sustained burns, these three children were at home and they raised hue and cry. Their evidence in that regard has not been denied in their cross-examination. Therefore, the evidence of these two independent witnesses who are none else than the neighbours of the deceased coupled with the evidence of PW2, PW3 and PW4 would clearly go to show that the children of the deceased and accused were at home at the time of incident on 05.01.2008 at 9:15 p.m.
40. Therefore, the argument of the learned counsel for the appellant that there is ambiguity about the presence of the children in their house at the time of the incident, is also not acceptable.
41. The evidence of these three children is nothing but the first hand information because they have stated that they have seen their father subjecting their mother to cruelty and that too, not on one occasion but on many such occasions and repeatedly. Merely because PW3 and PW4 who are very young in their age admitted as true a suggestion in their cross-examination that when ever their father used to come home, it would be late night and they would be sleeping, by that itself, it cannot be taken that they were not aware of the behaviour and acts of their father towards their mother.
Thus, the evidence of PW1, PW2, PW3, PW4, PW7 and PW8 makes it clear that the accused was ill-treating his wife, subjecting her to cruelty, abusing her in filthy language and also repeatedly asking his wife to die.
42. In addition to the above, the statements of the deceased herself which are at Exs.P8 and P10 are also to be considered. Merely because the Head Constable is shown to have recorded the first statement of the victim in the hospital on 06.01.2008, it would not take away the evidentiary value which can be attributed to Ex.P8 for the reason that PW18 - Doctor has stated that the statement at Ex.P8 was recorded in his presence by the Head Constable. The doctor has also stated that he examined the patient before she gave the statement, to ascertain her fitness to give statement and only thereafter, he allowed the Head Constable to record her statement.
43. When the cruelty meted out to the deceased by the accused has been shown by majority of the prosecution witnesses whose evidence is trustworthy and reliable, the question arises whether such a cruelty meted towards the deceased was sufficient for her to commit suicide and whether such an act of the accused be considered as an abetment in the commission of suicide by the deceased.
44. PW17 has stated that the said Head Constable brought the statement of Hasina Banu recorded by him and presented it before him and he registered it in Station Crime No.4/2008 against the accused. In the said statement, the deceased apart from giving the details of cruelty meted out to her by her husband has also stated that her husband was repeatedly accusing her stating that she had established illicit relationship with some body and also was asking her to die by pouring kerosene and putting fire to it. It is on one such occasion when the accused repeated the same act on 05.01.2008, she poured kerosene upon her and put fire to it. Thus, in her very first statement made to the Police, the victim herself has stated that it was her husband, i.e. the accused who not only was subjecting her to cruelty, abusing her in filthy language, but had also instigated her to committee suicide.
45. The very same victim in her subsequent statement recorded by the Taluka Executive Magistrate on the very same day, in later hour, has very briefly stated that she was married to the accused since about 15 years back and had three children from the said marriage. Her husband was an autorickshaw driver and was having illicit relationship with another lady. He was consuming liquor every day and was quarrelling with her. On the day prior to the date of incident also, the accused quarreled with her and asked her to die and if she dies, he can live a happy life. It is then that she poured kerosene upon herself and her husband gave her a match stick and she set herself on fire.
46. The said dying declaration, except stating that her husband gave her a match stick, is in the same line as that of her first statement. The only statement what was not made in her first statement at Ex.P8 and finds a place in the second statement is that her husband gave her the match stick. In both the statements, she has stated that it was herself who set fire on herself after pouring kerosene upon her. There is no improvement in the said version. She has maintained the same statement that she was subjected to constant cruelty by her husband and her husband was suspecting her character and was regularly asking her to die. Even just before the incident also, her husband repeated the same act which made her to pour kerosene upon her and set herself on fire.
As such, the contention that the statement of deceased that her husband gave her match stick, would, in no way, make either of her statements, a suspicious one. As such, the argument of the learned counsel for the appellant that there are major contradictions between Ex.P8 and Ex.P10 and as such the same cannot be believed, is also not acceptable.
47. On the other hand, both these dying declarations were recorded in the presence of a Doctor and both the Doctors, in their evidence before the Court, have clearly stated that the deceased was in a fit condition to given her statement.
48. PW20 - Doctor, who had endorsed the fitness Certificate of the deceased at Ex.P8 has also clearly stated that the deceased was not only physically and mentally fit, but was also fully conscious and was able to give the statement in her own words. The said dying declaration which is in a very brief form and in the same style and manner how a normal person could speak also inspires the confidence to believe. Thus, both the dying declarations clearly raises a finger against the accused by none lese than the wife of the accused. Since the said statement of the victim is also corroborated by the evidence of their own children, i.e. PW2, PW3 and PW4 and further corroborated by the evidence of the family members who are PW1, PW7 and PW8, it makes it abundantly clear that the accused was abusing his wife, subjecting her to cruelty and was also repeatedly asking her to die.
In such a situation when a house wife with three growing children, being regularly, for a long time abused and subjected to cruelty by none else than her husband and also the entire family being totally ignored by the husband who has not even provided any ration or provision to maintain the family and also when the very husband has suspected the chastity of his wife, alleging illicit relationship with somebody and also regularly asks her to die, it would be nothing short of an act of abetment by the accused to the deceased to commit suicide.
49. The defence of the accused as suggested to PW7 and PW8, in their cross-examination, is the alleged poverty of the family of the deceased. However, those witnesses have specifically denied that poverty was the cause for the suicide by the deceased. Thus, the evidence placed by the prosecution clearly proves beyond reasonable doubt that the accused was subjecting his wife to cruelty and constantly abusing her and also with an intention that she should not live and die by committing suicide. It is for the said reason due to unbearable cruelty meted out to her by the deceased, she committed suicide. As such, the act of the accused apart from attracting the offences punishable under Sections 498-A and 504 IPC also attracts Section 306 of IPC.
50. The Trial Court, after properly appreciating the evidence placed before it has appropriately pronounced the judgment of conviction. I do not find any reason to interfere in it.
51. The sentence ordered by the Trial Court is also proportionate to the criminality of the guilt committed by the accused, as such, the impugned judgment and order does not warrant any interference at the hands of this Court. Accordingly, I proceed to pass the following:-
O R D E R The appeal is dismissed.
The judgment of conviction passed by the Fast Track Court at Bhadravathi in Session Case No.151/2009 dated 13.12.2010, holding the accused/appellant guilty of the offence punishable under Sections 498-A, 504 and 306 of IPC, is confirmed.
The Registry is directed to transmit a copy of this judgment to the Trial Court forthwith, to enable it to proceed further in the matter for issuance of warrant of conviction, if necessary and proceed in accordance with law.
An entire copy of this judgment also be furnished to the accused immediately, free of cost.
Sd/- JUDGE BMV*