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Ramesh S/O Irappanna Warad vs The State Of Karnataka Rep By The … on 15 December, 2010

Karnataka High Court Ramesh S/O Irappanna Warad vs The State Of Karnataka Rep By The … on 15 December, 2010Author: K.Govindarajulu

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TEES CRHVHNAL APPEAL CONEENC} 0N FOR HEARING THIS DAY, THE CQURT DELIVERED THE FOLLOWINfI}:._ JUDGMENT

Accused in S.C.No.10/2002 onthe

Court I, Bagalkot, are the appe11a.nts.:’-._ . 3 :2. Case of the State is

of Shailaja, accused Nos; of

Shailaja, accused No.5 is accused No.6 is the mothersn to 6 being the

members of with Common object

subjected prior to 03.07.2001. On

account of Shé.i1.etJe;A’pcoerhiitted suicide at P.M.Budhni Village yggfithin the Mudhol Police Station. So, accused offence under Sections 498A, 306, {PC

read wEt’rj;« 1V4′.5?_~of

After’ .c_c:mmitta1, the learned 19.0. of Fast Track Court 1, E’:a;s0.AAsccti.:”ed the presence of the accused} charge is framed: §:cct;_sed has pleaded for trial; learned Presiding Officer has recorded the evidence, SW1 te }3.W,2é$ are . to 13.21 are marked, E’»/1.0.1 to 5 are mafkedfi bett}te’~. is marked as per M.O.1, E:><,D.1 to £13 trial judge has believed the cas’e.<__ef thedf3tateV»”e:t;d’_v convicted the accused for the dffehce cdregdlaiined by the State. The same is cha11enged..in

4. Heard both $ides;._T for consideration is: 1 V V _ _ V V

“Whethe’r t’eh${?i’ctiQh offthe accused is justified in Vfacte o4f:fh,¢ ‘§a_::e?'”

5. PW.1¥VRamat)pa’«etates;;he”went to Government Hospital at Jamkhandi per’ rgfqduedst.-‘cf the police, found male chi1d’s Widtf; _;injufiee..e,n’d he identifies the signature on the maha;:af~va_s”pVer;’E:i;P.1(a). The cross~examir1ation in regard to :’u”,_xthe 1i1’a.rri”e”ofth’e..e1’hespita}, death is not disputed. P.W.2~ Vh..eRatnatwze that she knows the complainant, Basappa c.=whéadf»eAh1y…¢ded1ghter nameiy Sayawwa and she was given in Ute accused no.1, fezmd the dead body of Sayawwa in V’

rnortuary and police have conducted inquest over-‘jbo’e%yY””of Sayawwa as per E:><;.P.2 and she has signed it. Sh-aflajauis”a}sss{: ‘ referred as Sayawwa. Cross examination’ is.”rnaéi’e’:Vto”‘d_oubt u that the presence of the Witness is there, East elicited. P.W.,3~Barrr1appa statesvnthpat he the’-L’ dead body of Sayawwa. p__P.W.4~p1z’tai3:a<iev prove EX.P.3, the poison bottle tirawing Ex.P.3 witness has turnect.v.h0Sti:1§,’.:’.:’F.vV»fl.hj speaks about his Ex.P.S(b} but did

not support of police recording

mahazars pert P.W.6-Bhirnappa states

police have per EX.P.6. While seizing I/1.0.1 to:’5._ states that he is father of She is given in marriage to

aeetltserétp has given birth to a child by name ‘ VV”hethan~…__ marriage, Shylaja was staying in the “‘.-fhesgrseppopf thtevaeeused, had cordial hving only for a span of six “-Vrn’onths%,_then narrate the items and ornaments given at the A/’

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time of the marriage, narrate ef giving cane mere after marriage.

6. While so, it is in the further evidence that he received a phone call. ‘f’he1’_’fi1essage Sayawwa has committed suicide”b_y”~eonsij-rairzg .330 here’ went to the hospital, fotlnd hi.sfl’»¢1_aughte’r?s.:,._deAafd body} thereafter filed a c0mp1ait1t”‘a’s–p’e_t on the aspect of marriage,:”q1,;esti’efi’sFregard to the particulars cf at the time of

marriage, to status of family of

accused. eortion of evidence of this

witness. It reads} . V dd ‘ x d

;’It is V’t’a}_se te suggest that due to i11~ trevat’Ir:.,ent”–zcausedmhy me Sayawwa consumed » p’e-isert a:1d_d–ied.”

dThe»pcitttfL:i.s’A’aéhether any father will make the life of the dauvghtet”rni’sefah1e, This pertion of the evidence is collected 2f1’ete’ddth«at the cress–~eXaminatie:r1 is not having any aim at not had any specific idea} specific defence and at} ‘:7 ‘.

serfs of improhabiiities are quesiiehed. It is breught further erose–exe1nir:atien that the witness ewns_;”éi”‘§rfeete:, owns 16 acres cf agricultural land. hittie 1ater:.:::he~V::eree.:§ examination is on the political baekgrejanéi.A’, It.’ follows:

“It is true that Bhimasi’~,$vieehak11aVar_7is politician taking 1ee’ders}:iip ‘A L–.é;11de’~..’cond1iefing panchayat. He is a1″s:3 T-attee1§.’df.in’€g ._the Courts, offices, Police Stations for :11e’_Vd’€spute’–§ef ethers. I also used to and gei”hi§;: adfitieee ifejirxy dispute arose.” 3 . _ —

Witness thee:’~’f_e§{uestV’1of’ the parents to send Sayawwa tojher pAéii*en:sV:’h0ujse.js refused as false one.

7.v harrates the relationship between eceueed narrates about Sayawwa staying in the house.df._Vaeetise_d’,..:;”She is the mother of deceased and she Sfiaies thefi: it’? fhegvieit of her daughter to the house of P.W.8, .1 i~’ae4_mesntien of demand for money by the accused. It is that Sayawwa has visited parents heuse during ‘V V ‘- Adeegeefiiraii festive} also.

8. P.W’9~SidCie.ray states after the marriage Qgftgij useine time Sayawwa returned back home, she stayed K V’ in the house, narrated that after the ghee “Ls;9e._s’7 harassment by the accused. He else refe1′”s_ to e1<iie:’s’v:*:1ee.:ingg”– and advising the accused. A poif€:ix€)’:1 ef c:rQVse_”<:sxe;mifiation which throws light on the :’s1<1bject”‘iseeextfacted.'”i’e:’*’reads as follows: ‘V V .

“It is n0t.».c0rreet-»1;hat’–lapse of six months on ,t’hat”_’. pa_ncha;ya;t “w_e_ received the informatiennf, degeitlfz of ~’3&:yfaw_j2v.9;:’7. By this suggesti0h.,””t1%1ere is’–ahA adifnission of panchayat and advise by e1d_ers.. L

9. P.W.1_Q~Anfie.p’pa_’V-.sfafies”: he is a neighbouring land owrier, 1.;;je7«1s;§;r:1_t ahewuéi——–erying from the house of accused pefserxs,Twer:1::_’2L1fidAV:’i’eund that Sayawwa was rolling infront of heuseh«anei”V’i2fheen he enquired, she said she censumed h-peisen ameepogsmd the ehiid and getting irritated. 1: is his ease that he iifted beth to the cart? one Nagappa drove ‘Ester he Eearmt that Sayawwa has died; He adds that deeeaseti had a happy fife in the heuse cf the accused” Witness has met supported the other portion of the__eé;Se..’e§: _ State, the Witness is treated as hestfleg but the_-exuejal “~ of this Witness is that he lifted the sate anettectr;i’:;:t’ when she was in troubie. None at the féffl.iiy’ efttthe accused inciuding the n5. :e;teAvVvf5present have made efferts to savxfefl’ tzery unusuai approach by husbanti:’tQnVarti’S”}.1i§§j

10. P.W.1 1–Nag;éL};{;«a that of RW. 10. He states t~h’a’t’ ” an the floor after consuming had a talk with Sayawwa

and Sayawfwet a demand by P.W.7 te get the mefiey V’ha;:tas§sment. For better appreciation; a p0rti%::=_:f1″‘ef “ev:{<ieheeAVe.Qf..this Witness is aiso extracted. It reads _”:–:;s. fo11oWe>._;’

he __ “V§3vh’en I asked she teld me P.W.?’ has V’ .. éie:r-handed the azneunt threugh her husband and T ” -_s?e._ due to the said harassment she consumed ‘ peisexz.”

H) .

Thereafter he states in a meter cycle Saya:Amve;’~«._’:§~as taken to the hospital but found that she was de.;{ef£. ~ ground that he has not supported the eese of in’ RV’ regard to demand for mehey as the ohie :ief19ete’d . Sayawwa State has treated the wKit1rgess.%::s__ hQSti_1e”.._:””‘1″7e”fhis” V witness also there is no crQe§~exa:r;ih{é§t–ie’ne,_

11. P.W.11 and PM/.12 ahehh te Sayawwa after she consumed’:hVe€s015;” of Sayawwa is the cause but as version of these

witnesses uh and lifted her to

cart and then zi «If any members of the family of Sayawxgxa s:hiftedA.Sej*emWa, they could have asked in “” if these witnesses. So it easily

preh-ahlise’ theee hhwifihesses being witnesses of the village: they ‘are gaihed Q_fJe:i;.:’~’T5.W.13 do not support the case ef the State. 1.4Vee-Ke’e–:iihai states there was a message about death ef S_aya*3vV:i¢1aA”ahd child by Consuming poison. She she and her ? f%::_§:’ehahd have come :0 Jemkhahdi GOV6:’:”1iT1€1″1’E Hospital, saw the dead bodies. She states that she has Sayawwa and her Child were beaten to £05 Consume poison for the demand of goiri and examination is that her statement is noifishowingishve haiging stated of Sayawwa being beaten i.e.;”irnproven1eni’ is sought to be put to the witness. II’1A__S’:.1Ch.’:a:.Si’L’L;_a7§iC.n also the cross examination reads as follows: “

“It is fa}se_”_r1:o }Asu_ggVest«.Vi’ih_ja.tVvhlifgave false evidence as4_VIj’.,vmef ._Saya,v{rwa _1_E..w:c,V months prior to her death’? ‘

There is–noeziirn, ‘r’ih};tri-rr1’–in <:ross¥eXa.rnination. P.W.15- Nanagouda he received information

from CPL Jarr:kihianCi’i,_»– etgrnduct inquest over body of Sayawwaqheor. conoiueted while drawing rnahazar as per eonduers the RM. over the dead body of Sayaivc-‘wai;_ fifnd’s the following nine external injuries. ‘g_Near’ right eye brow there is a bruise measuring 1 1/2 J1;1°1C;1Q_ X 1:5 inch.

i’-»._'”(ii)”‘ i.i’C>:zer..iright maxillary area there is a bruise measuring 2 ‘ irieh X 2 inch!

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{iii} T here are one each bruise over the left anterior superior iliac spine and right anterior superior iliac spine 4 X 3 inch and left 3 1/112 inch X 3 inch Ex)

(iv) There is bruise over left: knee joint l inch X (V) There are multiple small bruises~»~oxzer Ru one abrasion measuring 2 cm X ;

(vi) There is a bruise over theolefl: elbowjoints»:neasurir;g’3 cm X l ‘/2 cm.

{vii} There is a small abrasion m.eas-1_1/C2 crri’:<:~1/gvlcm over right elbowjoint. ” ‘ — *

(viii) There is a small la<§era_tion–.AoVe”r”‘.the._”lemporal area measuring l E/:g”»’;_V1’f[ll. X ‘;:”2 erngfi ‘ i (ix) There is 2: s_rnal’i”i”l.acer’a:i’0F1v’:A;0V~e1*.~ right occipital area rneasuring lg}/5 cm x 1/::*cni.*

In regard’ i;o’the~i’injuries”are. concerned, portion of the cross examination is rel.eVa.n’LQl’It is recorded. It is as under: is true’iv–if–«ia person consumed poison V .iramcdia:ely*«…_it will start wriggling. The injuries _ r:os1’r4″~4:_ol in’-‘column no, l3 can be caused by ‘wri0sliirig:_~v,.__ injury no.l to 3 cannot causerci by Z36.)

wriggling. ‘o’l;t*is not true to suggest that if a person carriedi’-.in’the bullock cart injury no. l to 3 shown in Ex§’l?,_l;3 in col, Nos 13 can be caused.” “gi.w;’:7 is the Po, i:>.w,is is also another ac? Powers a:r;l.’Vl3*i.i?x?.2G are the LS5, P§W’.2l states while working as omo on o3.o7.:2oo1 he has seen Chethah with Consumption of organo phosphorous g_;;>ois’o:;…V has given stomach wash but patient died by: 12.25 He eXt’1fs'<:f.’V’– of case sheet. He also states Shylsjeswas afso “sdvini.f4;ed with the same history, narrates’:hze– pt{iS€f..eif1f§’.S%t’8¢.t6S by: ‘£50 p.rn. she died. Questionsare asked ‘t’o’§)Aobetoi*V’as;t—o’ who brought the patients. Not.3.sL1ggeVstio4i1=_is’found as to whether any of the and the mother.

P.’?/”.22 is ah.oth;erVe’iV.?i:*..’,f»- are also I.Os. 13, Lemhed’ advocate for the accused place reliance on Pjfe-‘eti;Gupta,__a~r2o?. onother us. State of Jharkhand and another [201 )VA’%;2§?hereir1 the Apex Court has held that there anduty’ and Bench to punish the people involved in S 498%. In Gcmguia Mohan Reddy vs. State of V v7¢:agz;;:zh%%a Pradesh 9020(2) see 7530) Their Lordships of the ‘»»Af:eX Court have heid abateme*a*: invohies a mental process of ” iostigating a person or intentionaily aiding 21 person in oozrnmitiing a thing.

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lei. Careful discuss of materials would”‘d:i-sclose :he–ii’sniil§_,aoi V accused had two houses. ln ihe house whei*e._ committed suicide she was alone-._”s,The. diise:ussioniV”‘would ” unerringly lead to a conclusion thaii have-Aleegpt away from themselves. The rnaini witnesses is against: accused r?g0′.il’:L?;he are general allegations agaiin_st–::_ii_ii 6; The accused is examined except for pleading

false, do notiiiinow, in any evidence. Positively states ‘lie has at all. The death of Sayawwa being acccurii of consumption of organo phosphorous pestiicide_,Vp«shei”hasii.i’Vvdied an unnatural death is proved without any doulfit. ‘ieason asserted by the witness is demand for -._nioney < accused no. 1.

Except for the roaming cross

eziarninaiion nothing is elicited. But at the same time, during filiehisiaying of the Hindu Women in company of her husband. Unless there are any sepxate overt acts caused by the other accused; they cannot be ‘brought in under Sec, lei’? ll-3C. Qvert act against Accused No.2, 3, S and 6 is lacking.

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