1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL APPEAL NO.1094/2014
BETWEEN
STATE OF KARNATAKA
BY THALAGHATTAPURA POLICE 560 050
… APPELLANT
(BY SRI.VISHWAMURTHY, HCGP)
AND
1. NARASIMHAMURTHY
S/O LATE MUNIVENKATAPPA,
AGED 34 YEARS,
2. CHIKKAHANUMAKKA
W/O LATE MUNIVENKATAPPA,
AGED 67 YEARS,
BOTH ARE R/AT CHURCH ROAD,
GUBBALALA, UTHARAHALLI HOBLI,
BANGALORE SOUTH TALUK-560 050
… RESPONDENTS
(BY SRI. A N RADHAKRISHNA, ADV. FOR R1
NOTICE ISSUE TO R2 THROUGH SP
BENGALURU RURAL DISTRICT)
THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C
PRAYING TO GRANT LEAVE TO FILE AN APPEAL AGAINST
THE JUDGEMENT AND ORDER OF ACQUITTAL
DATED:25.8.2014 PASSED BY THE FTC-III, BANGALORE
2
RURAL DISTRICT, BANGALORE IN S.C.NO.158/2012 –
ACQUITTING THE RESPONDENTS/ACCUSED FOR THE
OFFENCE P/U/S 498A, 306 R/W 34 OF IPC.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for orders, with the
consent of both the parties, it is taken up for final
disposal. Respondent No.2, who is accused No.2 before
the trial court expired and therefore, proceedings as
against respondent No.2 is already abated.
2. The appellant-State has preferred this
appeal being aggrieved by the judgment and order of
acquittal dated 25.8.2014 passed by the FTC-III,
Bengaluru Rural District, Bengaluru in S.C.158/2012.
3. The brief case of the prosecution before the
court below is that accused No.1, the husband of
deceased Ramya, daughter of CW-1, Chikkaswamy s/o
3
Chikkegoweda had loved and married the deceased
during the year 2009 and thereafter accused Nos.1 and
2 subjected her to cruelty both physically and mentally
till her death i.e., 8.1.2012 and thereby both the
accused have committed offences punishable under
Section 498A read with Section 34 of IPC.
4. Deceased Ramya committed suicide on
8.1.2012 before 2.00 p.m. by hanging herself to the
ceiling fan by her veil in the house, within the
jurisdiction of the Thalagattapura Police. After
conducting investigation, the police have filed charge
sheet against both the accused persons for the offences
punishable under Sections 498A, 306 read with 34 of
IPC. After hearing both the sides, charges were framed
by the concerned trial court. During the course of the
trial, accused No.2, mother of accused No.1 died and
case against her stood abated. Accused No.1 pleaded
4
that he is not guilty and he has been tried. When the
matter was posted for trial, the prosecution in support
of its case, in all examined 10 witnesses as PWs-1 to 10
and got marked 5 documents as Ex.P-1 to 5 and so also
got marked material objects as M.Os.1 and 2. On the
side of the defence no witness were examined nor any
documents were got marked. After hearing both the
sides, the learned Judge of the trial court acquitted
accused No.1 for the said offence. Being aggrieved by
the judgment and order of acquittal and also
challenging the legality and correctness of judgment of
acquittal, the State is before this Court and preferred
the appeal.
5. Heard the arguments of learned HCGP
appearing for the State and learned counsel for
respondent No.1/accused No.1. I have perused the
grounds urged in the appeal memorandum, judgment
5
and order of acquittal passed by the court below and
also considered the oral submissions made by the
learned counsel on both the sides at bar.
6. According to the prosecution, the deceased
Ramya and accused No.1 married each other and it was
a love marriage and after marriage, deceased went to
lead her life in her matrimonial house. During her stay
in the said house of the accused, both the accused used
to harass and give ill treatment to her both physically
and mentally and because of that reason, the deceased
committed suicide.
7. Looking into materials placed on record, it
goes to show that after marrying accused No.1,
deceased came to know that accused No.1 was already
married and he was having two wives and she was the
third wife. Therefore, it is the defence of the accused
persons during the course of trial that the deceased
6
after coming to know about accused No.1 being already
married and having two wives was disappointed in life
and that was the reasons for her to commit suicide.
8. Looking into the oral evidence of the
prosecution witness i.e., the evidence of the parents and
brother of the deceased supported the case of the
prosecution. As deposed by the investigating Officer
himself, he has not recorded the statement of the
neighbors, therefore, there are no neighbouring
witnesses in the case. Even looking into the evidence of
the parents of the deceased, there is no consistency in
the evidence. The father of the deceased has deposed
that both the accused used to give ill treatment to his
daughter and she used to inform him over the phone.
That being so, the investigating officer has failed to
collect the call details of the telephonic conversation. It
is no doubt true that the father deposed in his evidence
7
that his daughter used to inform him over the phone
that both the accused persons used to give ill treatment
to her, but considering the death note left by the
deceased, wherein it is stated that accused No.2, the
mother-in-law of the deceased used to give ill treatment
to her. The death note is marked not in the document
series but as material object as M.O.2. If the death note
is considered along with the oral evidence of the father
of the deceased, it is clear that the ill treatment is by
accused No.2 and so far as accused No.1 is concerned,
there is no such allegation. Accused No.2, mother-in-
law of the deceased expired and therefore, the case
against accused No.2 stood abated. So it has to be
considered only as against accused No.1. If the oral
evidence of father of the deceased given on oath is taken
into consideration that the deceased left death note
alleging that accused No.2 used to harass and give ill
treatment, the contents of the death note are given
8
contrary to the oral evidence of the father of the
deceased. Therefore, there is no consistency in the case
of the prosecution if the evidence of the prosecution
witnesses are taken into consideration.
9. All these aspects were considered and
appreciated properly by the court below and the court
below has rightly come to the conclusion in holding that
the prosecution failed to prove its case beyond all
reasonable doubt. The judgment and order of acquittal
is in accordance with materials placed on record. I do
not find any infirmity or illegality in the judgment and
order of acquittal passed by the court below. Therefore,
there is no valid and justifying grounds for this court to
interfere with the same. There is no merit in the appeal.
Accordingly, the appeal is hereby dismissed.
Sd/-
JUDGE
DM