Case: A.K. Devaiah Vs. State Of Karnataka

Smt. Leelavati was married to the appellant on 16.4.1989 and was living in the house of the appellant at Konanakunte in Bangalore. Besides attending the household chores, she was gainfully employed in a private company. Even according to the Appellant, there used to be wordy altercations between him and the deceased since about the three months before her death (at the age of 28 years). These altercations between him and the deceased, according to the appellant, were regarding there being no indication of her becoming pregnant after the marriage. Further case of the prosecution is that before marriage of the deceased with the appellant, negotiations were held, wherein the appellant had demanded dowry in the form of cash amounting to Rs 15,000/- as well as gold and silver ornaments. Pursuant to such demand made by the appellant, it is stated that a part of the dowry amount was given to the appellant before marriage and a further amount was given to him at the time of the marriage. All the ornaments demanded by the appellant, except a pair of gold bangles, were given to the appellant. The balance of dowry was agreed or promised to be given after the marriage.The appellant was also in the habit of consuming liquor. After marriage, the deceased had been subjected to mental and physical torture over certain issues including the one for demand of balance of dowry.3. The deceased had complained to her brother and sister as well as to her brother-in-law about the ill-treatment meted out on her by the appellant and ultimately, the deceased being unable to bear any more torture of the appellant, committed suicide by setting herself on fire in their house at about 5:00 AM on 16-3-1990 i.e., within a year of marriage. Appellant himself informed about the unnatural death of the deceased to the SHO of the jurisdictional Police Station at about 7:10 AM and a case regarding the unnatural death was registered. Further investigation of the matter was done by the Investigating officer (PW 10) and the inquest proceedings were held on the dead body of the deceased by the Taluka Executive Magistrate. In the course of such proceedings, he also recorded the statement of the blood relatives of the deceased. On the basis of the materials disclosed during the inquest proceedings, a suo motu case was registered against the appellant for the aforesaid offences and FIR was lodged. The dead body of the deceased was subjected to postmortem examination by the Doctor (PW6) on 17.3.1990 and it was found that the dead body was partially pugilistic and smelled kerosene. The face, chest and upper limbs of the deceased were blackened and charred. Second and third degree burns were present all over the body, except over both feet. Heat ruptures were present over front of the left thigh and back of right middle, ring and little finger. The deceased had sustained 97% ante-mortem burns and death of the deceased was due to shock as a result of the burns sustained. However, the doctor did not find any symptoms of pregnancy.4. Appellant was arrested on 18-3-1990 and was subjected to interrogation by the Investigating Officer (PW 10). During the course of interrogation, appellant furnished certain information and pursuant to such information, the appellant along with Investigating officer, PW 4 and other panchas went to a pawnshop, where, he recovered the ornaments of the deceased, which were pledged by the appellant.5. In order to substantiate the case, the prosecution examined 11 witnesses, whereas in defence, 2 witnesses were examined. The appellant, when examined under section 313 Cr.P.C., has denied all the incriminating circumstances appearing against him in the prosecution evidence. He, however, admitted that he furnished the information about unnatural death of his wife to the police and a case regarding unnatural death of the deceased was registered at the police station. On being questioned about the prosecution evidence adduced in the case, accused-appellant has stated asbelong to kodava community. In our community there is no custom of giving and taking dowry. In our community half the expenses is borne by the bridegroom and half is borne by theside. I have never demanded dowry, I have not harassed my wife for bringing dowry. The witnesses are giving false deposition. Even after 9 months of marriage my wife did not conceive. There was no indication in this regard either and for this reason I requested to consult a doctor and she was offended by this. For this reason alone she might have committed suicide.Considering the material evidence placed on record by the prosecution and after hearing both sides, the trial court acquitted the accused-appellant of the charges against him holdingevidence adduced by the prosecution merely raised suspicion that something on the part of the accused might have prompted the deceased to commit suicide. However, that evidence is not sufficient to positively say that the alcoholic behavior of the accused, his demand of dowry, his taunts for not conceiving the child has the cumulative effect of the deceased leading her to commit suicide.Dissatisfied and aggrieved by the decision of the trial court, State preferred appeal under Section 378(1) and (3), Cr.P.C before the High Court. After hearing learned counsel appearing on either side, perusing the judgment of the trial court and re-appreciating the evidence on record, High Court, in the impugned judgment, opined that the trial court has approached the entire matter in a spirit of distrust and prosecution and its judgment is based upon conjectures, surmises and suspicions. Setting aside the acquittal judgment passed by the trial court and allowing the appeal of the State, the High Court convicted the appellant for the offences under Sections 3, 4 and 6 of Dowry Prohibition Act and Section 498-A and 304-B, IPC. High Court sentenced the accused-appellant for the offence under Section 304-B, IPC to undergo imprisonment for a period of 7 years and for the offence under Section 3 of Dowry Prohibition Act, High Court also awarded sentence of 5 years and fine of Rs. 15000/- and in default of payment of such fine, to undergo further sentence for a period of 2 years. Appellant was further directed to return the dowry amount of Rs 15000/- as well as the gold ornaments, failing which, an amount equal to value of the gold ornaments and Rs. 15000/- may be recovered as if it were the fine imposed by the Court in accordance with the provisions contained under Sections 421 and 422, Cr.P.C. Hence, present appeal by special leave by the accused.

Reasoning:
34. Furthermore, the entire conduct of the accused is such as to lead to only one plausible conclusion i.e. all the accused together had caused the death of the deceased. The arguments of the defence are strange because if the accused had attempted to save the deceased, then he would have suffered some burn injuries. But as per the above details of injuries, there was not even a single burn injury found on the body of the accused Mukesh. These injuries were such that one could suffer only if he was struggling or fighting with another person, as then alone could he suffer such bruises or minor cuts. [pic]Absence of any cooking material in the kitchen is another very important circumstance which would belie the stand of the accused.Admittedly, the marriage was solemnized on 16.4.1989 and the incident took place on 16.3.1990 i.e. within a period of eleven months only. From the evidence it reveals that the altercation between the appellant and the deceased started three months before the incident when there was no indication of the deceased becoming pregnant after marriage. According to the prosecution, before the marriage of the deceased with the appellant, negotiations were held with regard to the demand of dowry in the form of cash as well as gold and silver ornaments. It further reveals that part of the dowry amount was given to the appellant before marriage and further amount was given at the time of marriage. The prosecution further led evidence that the appellant was in the habit of consuming liquor and further the deceased had been subjected to physical and mental cruelty over certain issues including demand of balance dowry. The deceased being not in a position to bear more torture and cruelty pertaining to demand of dowry committed suicide by setting herself on fire. The sister, brother andhusband of the deceased along with other witnesses had been examined as PWs 1, 2 and 3, who have consistently deposed about the demand and acceptance of dowry and also about the deceased being subjected to mental and physical cruelty by the appellant in their house.20. We have gone though the evidence both oral and documentary brought on record. We have also analysed and scrutinized the evidence and the material available on record. In our considered opinion, the High Court has correctly recorded the finding based on evidence and found the appellant guilty of commission of offence. The judgment of acquittal passed by the trial court is wholly perverse and based on conjecture and surmises.