Vajresh Venkatray Anvekar vs State Of Karnataka

2. The appellant (original accused 2 – A2) was tried along with his father Venkatray Narayan Anvekar (original accused 1 – A1) and his mother Smt. Vidyabai Venkatray Anvekar (original accused 3 – A3) for offences punishable under Sections 498-A, 304-B and 306 read with Section 34 of the Indian Penal Code (for short ‘the IPC’) and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 by the Sessions Judge, Fast Track Court-II at Karwar in Sessions Case No.59/02. By his judgment dated 30/03/2007 learned Sessions Judge acquitted all the accused. The State of Karnataka carried an appeal to the High Court of Karnataka, Circuit Bench at Dharwad from the said judgment. The High Court by the impugned judgment confirmed the acquittal of A1 and A3. The High Court, however, reversed the acquittal of the appellant and convicted him for the offences punishable under Sections 498-A and 306 of the IPC. For offence punishable under Section 306 of the IPC, the appellant was sentenced to imprisonment for five years and to pay fine of Rs.1,00,000/- and in default of payment of fine, to undergo further imprisonment for one year. For offence punishable under Section 498-A the appellant was sentenced to imprisonment for three years and to pay fine of Rs.10,000/- and in default of payment of fine, to undergo further imprisonment for six months. The substantive sentences were ordered to run concurrently. Fine amount was directed to be paid to the parents of deceased Girija. The appellant was acquitted of the other charges. Being aggrieved by the said judgment, the appellant has filed the present appeal.

3. Admittedly, PW1-Suresh father of Girija stays at Nandangad Karwar. The appellant’s family stays at Habbuwada Karwar. Girija was married to the appellant on 17/12/2001 at Karwar. The gist of the prosecution case can be gathered from the F.I.R. lodged by PW1-Suresh. It is stated in the F.I.R. that one month after the marriage the appellant went to Mumbai where he has a jewellery shop along with Girija. About two months prior to the date of the F.I.R. Girija had developed eye problem. Instead of taking her to a doctor the appellant took her to one Swamiji. When the eye ailment could not be cured, she was brought to Karwar for check-up. When she came to Karwar she told PW1-Suresh that the appellant, her sister-in- law and A1 used to torture her and her sister-in-law used to assault her. They used to wake her up at 5 a.m. and pressurize her to work. At the instigation of her sister-in-law and A1, the appellant used to assault her. They used to ask her to get money from her parents. On 11/06/2002, PW1- Suresh, his son, Girija and the appellant went to Hubli and got Girija’s eyes checked from eye specialist Dr. Anant Revankar. On 12/06/2002, Girija informed them that she was being tortured. She stated that when she requested the appellant to take her for honeymoon, he refused and told her that if she continues with the demand, she will have to go to her parent’s house. She stated that the appellant tortures her mentally and when she visits Karwar the torture increases. On 12/06/2002, at 4.00 p.m., PW1- Suresh, his son and wife took Girija to the appellant’s house at Hubbuwada and informed them that they would take her back next day evening. On 13/06/2002, at 12 noon, he called-up Girija and told her that he would visit her matrimonial home and speak to A1 about the harassment and torture meted out to her. Girija told him that if he visits her house, her in-laws would torture her more and, therefore, he should not come. On 13/06/2002, at 2.30 p.m, the appellant phoned and told him that Girija was not speaking anything. He went to the appellant’s house along with his wife and sons. His son Sandeep saw Girija in the bedroom situated on the upper floor. She was not able to speak. Sandeep lifted her and brought her downstairs in order to show her to the doctor. The moment the doctor checked her, he pronounced her dead. PW1-Suresh stated that Girija had committed suicide by consuming poison or some tablets because the appellant, A1 and A3 tortured her. The complaint was lodged at 2215 hours. PW1-Suresh stated that because he had gone to inform about the death of Girija to his relatives there was some delay in lodging the complaint.

15. In the ultimate analysis we are of the opinion that the appellant has not been able to rebut presumption under Section 113A of the Evidence Act. Girija committed suicide within seven years from the date of her marriage in her matrimonial home. Impact of this circumstance was clearly missed by the trial court. The evidence on record establishes that Girija was subjected to mental and physical cruelty by the appellant in their matrimonial home which drove her to commit suicide. The appellant is guilty of abetment of suicide. The High Court has rightly reversed the judgment of the trial court acquitting the appellant. Appeal is, therefore, dismissed.