G.V.Siddaramesh vs State Of Karnataka

3) On appeal, the High Court has allowed the appeal in part and has modified the sentence as stated earlier. The appellant has preferred this appeal against his conviction and sentence of imprisonment for life under Section 304-B of the Indian Penal Code.

4) The facts of the case in brief are, that the complainant K.G Lingappa's daughter Usha (deceased) had been married to Siddaramesh 2 (appellant) on 13.12.1997. The deceased went to her matrimonial home on 15.1.1998. On 17.1.1998, the deceased committed suicide by hanging herself. In order to prove its case, the prosecution has examined as many as twenty eight witnesses. The case of the prosecution in brief is that, at the time when there were talks of the marriage in November 1996, the appellant and his family demanded 20 tolas of gold, Rs. 2 lakhs in cash and a motorcycle as dowry. Ultimately as negotiations progressed, the money was settled at Rs. 1,65,000 in cash, 18 tolas of gold, and a motorcycle. These demands were met with by the complainant and in furtherance the marriage took place on 13.12.1997. The case of the prosecution further is that, the deceased Usha was taken to her matrimonial home on 15.1.1998, despite protests by the family of the complainant that it was pushyamasa which was inauspicious for the bride's entry into her matrimonial home. On 17.1.1998, the elder sister of the deceased, Karibasamma PW-3, went to the matrimonial home of the deceased along with sweets and other eatables. The deceased confided to her elder sister that she was 3 being treated cruelly by the accused. The deceased further confided that there were fresh demands on her to get Rs. 50,000/- more as dowry. On her reluctance, she was being beaten by her husband and the husband was not keen on maintaining a physical relationship with her. Karibasamma later returned home and confided to her father the torture and harassment meted out to her sister (deceased) by the appellant on account of non-fulfilment of dowry demand. The complainant sent his son Karibasappa, the brother of the deceased PW-2 to enquire into the matter. The brother of the deceased also found out from her sister that she was being ill-treated and was unhappy. On the same night, the complainant received the news that her daughter had committed suicide by hanging herself. After reaching the matrimonial home of their daughter and seeing that their daughter had committed suicide, they informed the police. A complaint was lodged by the complainant to the police alleging that it was the dowry harassment on the part of the family of the appellant that led to the suicide of her daughter. A case was registered in Cr. No. 18/1998, against the 4 appellant and his father under Section 498-A and 304 B of the IPC and Sections 3,4 and 6 of the Dowry Prohibition Act. The Learned Chief Judicial Magistrate committed the case to the Court of Sessions, as it involved offences exclusively triable by the Sessions Court. When the matter was pending before the Sessions Judge, the case was transferred to Fast Track Court, Devangere in accordance with a notification issued by the High Court.

6) The learned Additional Sessions Judge has taken into consideration the testimony of the complainant PW-1 and that of Karibasappa and Karibasamma (PW-2 and PW-3 respectively), the brother and the sister of the deceased. It has also relied upon the testimony of other witnesses to conclude that there was a demand for dowry and there was acceptance of dowry on the part of the appellant and his father. The trial court also took into consideration, the suspicious conduct of the appellant. The appellant had alleged that the deceased had committed suicide because she was in love with another person before marriage and was frustrated when she could not marry him. Again in his statement under Section 313 of Cr.PC, the appellant stated that since coming to her matrimonial home, she compared the house of the appellant to that of a "railway bogie", which, according to her, did not satisfactorily compare to her father's house and her sister's house. The trial court 6 however observed that the appellant produced nothing on record to prove that the deceased had an affair before the marriage with another person. Further the trial court refused to believe the version of the appellant contained in Ex. D-3. The time of writing this letter, which was addressed to the Sub-Inspector of the Devangere Police Station, was shown as 12.30 in the midnight of 17.1.98. However, by his own admission, he had left his shop at 10.30 PM. He had stated that after reaching home, he noticed that his wife has committed suicide by hanging, and thereafter went and informed the sister of the deceased and then went to Kogganooru to inform his father and after his return went to the police station. The trial court has inferred that it was not possible for the appellant to reach the Police Station before 1 AM or 2 AM. Also according to the trial court, the natural reaction of anyone seeing a dead body would be that of shock or disbelief. This according to the trial court was indicative of the suspicious conduct of the appellant who wanted to hush up the matter. Further this document was never called for from the Police Station and only a 7 photocopy of the same was produced. The trial court also relied upon the post mortem report which revealed that death was caused due to asphyxiation due to hanging and there were also some unexplained scratches in the body which, according to the trial court was evidence of the harassment of the deceased by the appellant and, hence, concluded that the cruel treatment and harassment of the deceased by the appellant led her to commit suicide. Section 113B of the Evidence Act raises a presumption against the accused. The onus lies on the accused against whom the presumption lies to discharge it. The appellant has failed to discharge the burden satisfactorily. Based on these findings, the trial court has convicted and sentenced the accused to undergo R.I for 5 years and a fine of Rs. 2,50,000/- and in default, to undergo R.I for two years for the offence punishable under Section 3 of the Dowry Prohibition Act; to undergo S.I for two years and to pay a fine of Rs. 10,000/-, in default, to undergo S.I for one month for an offence punishable under Section 4 of the Dowry Prohibition Act; to undergo S.I for 3 years and to pay a fine of Rs. 10,000/-, in 8 default, to undergo S.I for one month for an offence punishable under Section 498-A of the Indian Penal Code; to undergo imprisonment for life for an offence punishable under Section 304-B of IPC. The trial court however went on to acquit the accused no.2 (father of the appellant) of all the charges.

17)In conclusion, we are satisfied that in the facts and circumstances of the case, the appellant was rightly convicted under Section 304-B IPC. However, his sentence of life imprisonment imposed by the courts below appears to us to be excessive. The appellant is a young man and has already undergone 6 years of imprisonment after being convicted by the Additional Sessions Judge and the High Court. We are of the view, in the facts and circumstances of the case, that a sentence of 10 years rigorous imprisonment would meet the ends of justice. We, accordingly while confirming the conviction of the appellant under Section 304-B IPC, reduce the sentence of imprisonment for life to 10 years rigorous imprisonment. The 1 other conviction and sentence passed against the appellant are confirmed. In the result, the appeal is dismissed subject to the above modification of sentence.