State Of Karnataka vs Dattaraj & Ors

1. Dattaraj – the respondent-accused no. 1, married Savita (since deceased), on 7.6.2002. About three months before the marriage, at the asking of Dattaraj, it was agreed to give Rs.21,000/- in cash and 3 tolas of gold. Accordingly, the family of Savita complied with the aforesaid commitment, at the time of marriage. After their marriage, Savita started to live in her matrimonial house along with Dattaraj (respondent-accused no. 1). Soon after his marriage, Dattaraj went to Dubai, leaving Savita at the matrimonial house. During his absence, she went to her parents’ house. Dattaraj contacted Savita, and had a telephonic conversation with her, while she was at her parents’ house. He enquired from her, with whose permission she had gone to her maternal house. He also rebuked her for having left the matrimonial house, without his permission.

2. While Savita was in her maternal house, Dattaraj required her to get Rs.20,000/- in cash from her parents, as his brother needed the money to purchase some agricultural land. On the asking of Dattaraj, Savita got the money from her parents. After Dattaraj returned from Dubai, he was invited by Savita’s parents for a “pooja” (prayer) ceremony. The “pooja” had been arranged to celebrate the installation of a bore-well, on the agricultural lands owned by Savita’s father. It was alleged, that Dattaraj (respondent- accused no. 1) had agreed to attend the “pooja”, only if he was given three tolas of gold, as also, wearing apparel. As against the above, the assertion of Dattaraj was, that such gifts were customary, and were given by the parents of Savita, on their own free will. In any case, it is not a matter of dispute, that gold and clothing were indeed given to Dattaraj, during the “pooja” arranged by the parents of Savita, to celebrate the installation of a bore-well.

3. After Dattaraj returned from Dubai, Savita became pregnant. She left for her maternal house, prior to her delivery. She delivered a girl child, at her parents’ house. Thereafter, she returned to her matrimonial house.

4. On yet another occasion, while Savita along with Dattaraj (respondent- accused no. 1) had gone to stay with her parents, it was alleged, that Dattaraj had made similar monetary demands. On this occasion, Savita’s parents had expressed their helplessness, and had informed Dattaraj, that they did not have adequate resources to meet his demands. It was also alleged, that on this occasion, Dattaraj had picked up a quarrel with the parents of Savita. It was alleged, that when Savita returned to her matrimonial house with Dattaraj, she was taunted by the brother of Dattaraj, namely, by Siddappa @ Siddaraj (respondent-accused no. 3), as also by Ningesh (respondent-accused no. 2) and Revamma (respondent-accused no. 4), the father and mother of respondent-accused no. 1 respectively, for bringing inadequate gifts from her parents’ house.

5. Savita went to her parents’ house for “Rakhi Poornima” (festival to celebrate sanctity of the brother-sister, relationship), to tie a “rakhi” (sacred thread) on her brother’s arm. It was alleged, that Dattaraj demanded a sewing machine. This demand made by Dattaraj was allegedly met by the parents of Savita. This is yet another incident of the alleged demand of dowry, made by Dattaraj and his family members.

7. On 1.9.2006, Savita died of burn injuries. The mother of Savita, Tukkubai – PW-1, was informed about the burn injuries suffered by Savita, on 1.9.2006 itself. She was also informed, that Savita, had been admitted to hospital. When Tukkubai – PW-1 reached the hospital along with her son Dattatry – PW-4, the dead body of Savita was lying in the mortuary of the Government hospital, Gulbarga. None of the respondents-accused was present at the hospital. Immediately, Tukkubai – PW-1, filed a complaint. In the complaint it was alleged, that the respondents-accused had committed the murder of Savita, on account of their dowry demands having not been met, by the maternal family of Savita. The above report was lodged on 2.9.2006 i.e., the day following the death of Savita. The fact, that Savita was left all by herself at the hospital, and that no one out of the respondents- accused attended upon her even during her pitiable condition, was alleged as sufficient to establish, that the relationship between Savita and the family of her in-laws, was not cordial. The defence repudiated the version of the prosecution by asserting, that Savita had committed suicide on account of her over-sensitive nature.

8. Consequent upon the culmination of the investigation, a chargesheet was filed by the prosecution, leading to the framing of charges against Dattaraj (respondent-accused no. 1), his brother Siddappa @ Siddaraj (respondent-accused no. 3), his father Ningesh (respondent-accused no. 2), and his mother Revamma (respondent-accused no. 4). The respondents-accused were charged with the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as, the IPC), as well as, under Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 (hereinafter referred to as, the Dowry Act). The factual position recorded above, constituted the basis of the alleged actions of cruelty, by the respondents-accused towards Savita, and therefore, the offence under Section 498A. The fact that Savita had died of burn injuries, within seven years of her marriage, and that, she was being subjected to dowry demands, cruelty and harassment by the accused, was the basis for substantiating the offence under Section 304B of the IPC.

12. All the four respondents-accused preferred Criminal Appeal no. 3514 of 2008 before the High Court of Karnataka, Circuit Bench at Gulbarga (hereinafter referred to as, the High Court). A Division Bench of the High Court convicted Dattaraj and acquitted the other three accused, namely, the brother, the father and the mother of Dattaraj. While arriving at the conclusion, that the other three accused besides the husband of Savita, namely, Dattaraj (respondent-accused no. 1) had played no role in the death of Savita, the High Court was of the view, that the evidence of Tukkubai – PW-1 and Dattatry – PW-4, the mother and the brother of the deceased respectively, did not attribute any kind of overt acts of cruelty or harassment to respondent-accused nos. 2 to 4, and as such, their conviction under Sections 498A and 304B read with Section 34 of the IPC, was bad in law. For the same reason, respondent-accused nos. 2 to 4 were found innocent, insofar as, the allegations under Sections 3, 4 and 6 of the Dowry Act are concerned, and were accordingly acquitted for the offences punishable thereunder.

All the said substantive sentences shall run concurrently. They are entitled for set off.

21. For the reasons recorded hereinabove we are satisfied, that the impugned order passed by the High Court, does not justify any interference at our hands. The instant appeal being devoid of any merit, is accordingly dismissed.

February 15, 2016.

[HEARD BY HON'BLE JAGDISH SINGH KHEHAR AND HON'BLE S.A.BOBDE, JJ.] Date:15/02/2016 This appeal was called on for pronouncement of judgment today.

Hon'ble Mr. Justice Jagdish Singh Khehar pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice S.A. Bobde.

For the reasons recorded in the Reportable judgment, which is placed on the file, the instant appeal is dismissed, being devoid of any merit.