Judgment:
Huluvdi G. Ramesh, J.
1. This appeal by the State assailing the order of acquittal passed by the III Additional Sessions Judge, Bangalore in S.C. No. 29/2001 wherein a charge-sheet was filed by the Assistant Commissioner of Police for the offence punishable under Section 498-A, 306 read with Section 34 of IPC before the VIII Additional CMM, Bangalore who in turn committed the case to Sessions. The learned Sessions Judge framed the charges against accused Nos. 1 and 2. During trial the prosecution examined in all 14 witnesses and got marked about 13 documents and also got marked 2 M.Os. Since the accused pleaded not guilty, after recording 313 statement and after hearing the parties, the learned Sessions Judge acquitted the accused holding not guilty of the offence alleged. Hence, this appeal by the State.
2. Heard the learned Government Pleader for the appellant-State and the learned Counsel for the respondents.
3. According to the learned Government Pleader F.Ws. 1, 3, 4 and 5 are the witnesses who spoke about the alleged harassment meted out to the deceased by the accused and only on the score that they are interested witnesses, their evidence has been discarded. It is the submission of the learned Government Pleader that the deceased died by committing suicide within four years of her marriage as the accused were taunting her and objecting her from wearing Salwar Kameez and Chudidars and going to college in a motor vehicle and also threatened her. She being frustrated committed suicide. Accordingly submitted that on the basis of the evidence on record, the accused should have been held guilty of the offence and sought for setting aside the order of acquittal and convict the accused.
4. Per contra, the learned Counsel appearing for the raspondents-accused submitted that the accused are from the agricultural family and there is age difference of 15 years between the deceased and her husband. The accused are brother-in-law and co-sister of the accused. learned Counsel further submitted that the overt act attributed against the accused do not constitute the offence of abettment and also submitted that there is no independent witnesses to support the version of the prosecution much less the say of the parents of the deceased cannot be taken as supporting version to the prosecution regarding cruelty meted out to the deceased by the accused, rather, the deceased was residing with her parents. It is also submitted that the deceased was attending the college from her parents house, later the also intended to pursue IAS as per the evidence of her parents. Only being frustrated, she committed suicide without any abettment. In the absence of any cogent evidence on record, the Trial Court has rightly noticed that there is no scope to hold the accused guilty of the offence. Accordingly, acquitted the accused. The impugned order of acquittal passed by the Trial Court does not call for interference. Accordingly, sought for dismissal of the appeal filed by the State.
5. In the light of the arguments advanced, the points that would arise for consideration are:
(i) Whether the impugned order of acquittal passed by the Trial Court is proper?; and
(ii) Whether the said order calls for interference?
6. At the outset, P.W. 1 is the father of the deceased; P.W. 2 is the Taluka Executive Magistrate who conducted inquest and recorded statement of the relatives and parents of the deceased; P.W. 3 is the mother of the deceased; P.W. 4 is the maternal aunt of the deceased; P.M. 5 is the neighbour of accused and the deceased; P.W. 6 is another neighbour who speaks about conduct of the accused end ill-treatment meted out to the deceased; P.W. 7 is another circumstantial witness who speak about the harassment meted out to the deceased; P.W. 8 Panch witness for the panchnaraa of the dead body of the deceased; and P.W. 9 is another panch witnesses for the mahazar. P.W. 11 is the Assistant Commissioner of Police who conducted investigation and laid charge sheet against the accused; P.W. 12 is a person who conducted autopsy on the dead body of the deceased; P.W. 13 is the Pancha for conducting inquest by Taluka Executive Magistrate; P.W. 14 is the than Police Inspector of Seshadripuram Police Station, who registered a case stating that it is an unnatural death.
7. The case of the prosecution is that due to harassment meted out to the deceased by the accused-respondents being the brother-in-law and co-sister of the deceased, the deceased committed suicide by hanging herself within four years of her marriage. The allegation against the respondents is that they being the in-law and co-sister used to insult and harass the deceased by threatening her that they would pour acid, if she goes to the college by wearing Chudidar and on the vehicle. Being not tolerated by the ill-treatment meted out to her, the deceased committed suicide by hanging. The undisputed facts are that the marriage of the deceased had taken place with one Shankera who is the brother of the first respondent-accused during June 1995 and after marriage, the deceased Vijaya was residing in her matrimonial house at Seshadripuram. The family members of the matrimonial house used to ill-treat her physically and mentally for petty reasons, for which, the deceased Vijaya was staying in her parents house for more than m years and prosecuting her studies. However, the in-laws of the deceased used to go to the house of the complainant asking them to send her back to their house and they also extended assurance that the deceased will not be ill-treated. On their assurance, the deceased was sent back to the matrimonial house. It is alleged that the in-laws namely the parents of the husband of the deceased, brother-in-law once again started ill-treating her and also the co-sister of the deceased also used to taunt the deceased.
8. Further according to the prosecution, although the deceased complained all these aspects to her parents, they did not listen to her. As it transpires, the husband of the deceased was sober and innocent, misusing his innocence, the other accused were ill-treating and abusing her. As a result of which, the deceased committed suicide in the house of the accused by hanging herself.
9. A complaint was given by P.W. 1 on the night of 19-11-1599 regarding the alleged death of the deceased in en unnatural circumstance by hanging herself to the ceiling fan in the matrimonial house at Ramakrishna Street, Seshadripuram. It is also stated that the deceased committed suicide within four years of her marriage. However, by opening the door of the room by breaking open the lock the dead body was removed and panchanama was conducted as per Ex.P.10. The Police Inspector who received the complaint has also recorded statements of some of the witnesses and thereafter on the requisition of the Taluka Executive Magistrate, he submitted UDR FIR to the Taluka Executive Magistrate who conducted inquest on the dead body and simultaneously recorded the statements. Ex.P.2 is the complaint filed by the father of the deceased which was registered in Crime No. 452/1999 and a charge-sheet has been filed.
10. The Trial Court after recording the evidence; after examining the witnesses; after recording 313 statement and also after hearing the arguments acquitted the accused. The reasons assigned by the Trial Court is that the evidence of the parents and their relatives P.W. 1, P.W. 3, P.W. 4 is not satisfactory to establish the guilt of the accused 1 and 2 regarding intimidation and abettment leading to commit suicide. It is also observed that their evidence is not consistent and corroborative, suffers from contradictions and inconsistency. Accepting the defence version that as on the date of marriage, there was long age gap between the deceased and her husband for about 15 years and that the deceased was educated whereas her husband was uneducated and ho was doing the work of milk vending and taking care of cattle; maintaining by cleaning them, the deceased being disgusted committed suicide and also noted from the evidence of P.W. 1 that the deceased had studied up to II PUC. The main allegation against the accused-respondents is that they were taunting and ill-treating the deceased for going to the college by riding a Kinetic Honda and also by wearing Chudidar after her carriage. Referring to the admission on the part of P.W. 1, the Trial Court has noted that the husband of the deceased used to do milk vending work and also that he is illiterate and he is very sensitive and very smooth. It is also noted that the deceased was intending to do IAS. Further noting the lapse on the part of the complainant-father that he never made enquiry on the conduct of the accused with their neighbours when the deceased complained of ill-treatment to her by the accused, the Trial Court disbelieved the evidence of P.W. 1. The Trial Court having found inconsistency in the evidence of P.W. 1 and that of the evidence of P.W. 3 and P.W. 4 found that there is contradiction on the ground that the husband of the deceased who is smooth and illiterate whereas the deceased was educated and was doing milk vending and removing cowdung and also that: having regard to the age of gap of 15 years between the deceased and her husband; she being a very sensitive lady, being disgusted committed suicide by hanging herself. Referring to various grounds, the evidence of P.W. 1 who deposed before the court on various aspects of ill-treatment which is not complained before the police and else noting that there is improvement in the version of the prosecution witnesses, the learned Sessions Judge acquitted the Accused. Thus, the Trial Court formed an opinion that mere unhappiness in the matrimonial life regarding age difference between the husband and wife and status of the husband, etc., leading the wife to commit suicide will not attract Section 498-A and 306 of IPC. Thus, referring to certain omissions and improvements found in the version of evidence of P.W. 1, P.W. 3, P.W. 4 who are interested witnesses, the Trial Court opined that there is exaggeration in their evidence and it is not sufficient to establish the cruel treatment meted out the deceased by the accused. While reappreciating the clinching evidence, the Trial Court held that P.W. 1, P.W. 3 and P.W. 4 are the father, mother and maternal aunt of the deceased and admittedly they are related to the deceased and the only witnesses who supported the prosecution. P.W. 5 of course is a neighbour, although she deposed about the movement of the deceased from her matrimonial house to her parental house, she also deposed that the deceased was complaining that the accused wore harassing and ill-treating her for which, P.W. 5 said to have advised her and later the came to know that the deceased committed suicide by hanging, Prom the evidence of P.W. 5 it could be seen that the deceased was not happy in her matrimonial house. However, P.W. 5 being an independent witness has spoken to the effect that the deceased was very often visiting her parental house and at that time the deceased used to discuss with this P.W. 5 that her brother-in-law used to harass her asking her not to wear chudidar and not to drive Kinetic Honda vehicle to the college, as such she has expressed that she felt annoyed, for which, this witness used to console her. Thus, the overt act against the accused is that they used to tell the deceased not to wear chudidar and also not to ride Kinetic Honda that is the specific overt act regarding harassment. Of course, she denied everything in cross-examination as to such statement being made by the deceased before her.
11. Another independent witness P.W. 6-Shilaja who is the neighbour of the matrimonial house of the deceased identified the accused as brother-in-law and co-sister of the deceased. Thin witness has deposed to the effect that the deceased used to go to college after marriage in the Kinetic Honda vehicle. She has denied that the deceased used to wear chudidar to the college and for the remaining aspects, she has turned hostile. Although she was cross-examined, nothing worthwhile is elicited. P.W. 7 who is also a neighbour of the accused has also deposed to the similar effect and he has not spoken about the alleged overt act of harassment except that the deceased was going to college even after marriage and ha turned hostile to the entire version of the prosecution.
12. P.W. 1 the father of the deceased also deposed to the effect that the deceased used to go to college on Kinetic Honda wearing chudidar, for which, these accused used to raise voids and threatened her to splash acid on her. The evidence of P.W. 3 mother of the deceased is also to the similar effect that the deceased was going to college wearing chudidar in a Kinetic Honda for which, the accused were taking out objections and taunting her. The version of P.W. 4 who is the maternal aunt of the deceased also spoken to the similar effect.
13. What is being noticed is that for more than 1 years, the deceased used to stay in her parental house and going to college from there itself. Later, a day prior to the date of alleged incident, she came to the house of the accused for a function and there she said to have committed suicide by hanging herself to the ceiling fan. It is also an admitted fact that she deceased had given birth to a child during April 1997.
14. On perusal of certain admissions in the cross-examination of P.W. 1, although there appears to be some improvement in the version of P.W. 1, but the fact remains that the cause of death of the deceased is mainly due to the accused criticizing her about her dress manner and she going to college by riding Kinetic-Honda and also that they had threatened to splash acid on her.
15. In order to attract the offence under Sections 498-A and 306 of IPC, whether such allegations would be sufficient to drive the deceased to commit suicide and that the offence under Section 498-A would constitute such mental cruelty. Whether criticizing and commenting upon the manner in which she was dressing and not to go to college on Kinetic Honda is sufficient to hold that the accused have harassed her and thereby the deceased had committed suicide are the questions to be decided.
16. Admittedly, the deceased as well as the accused belong to lower middle class family. It is also admitted fact that the husband of the deceased was an illiterate and the deceased had studied up to II PUC arid she al ac intended to continue her studies and her ambition was to do IAS. It is also an admitted fact that her husband was doing the avocation of milk vending, Of course, there is no such harassment much less ill-treatment except commenting upon the manner of dressing and moving on the Kinetic Honda by the brother-in-law and her co-sister. Whether these expressions point out the manner of dressing and criticizing the deceased virtually amounts to mental cruelty meted out to the deceased leading her to commit suicide.
17. Admittedly the deceased used to stay in the house of her parents all the times and also she had begotten a child. Some aspects that there is difference in the status of the deceased and her husband and he had no avocation except looking after the cattle whereas the deceased is educated and had a desire to lead sophisticated life, hare not been considered by the Trial Judge. Might be that the family members of the deceased did not like the deceased dressing with chudidar and moving in the vehicle. Also it is evident from the evidence of her parents that the deceased used to complain about the ill-treatment meted out to her by these accused.
18. Having regard to the status/avocation of the husband of the deceased, the age difference, and the education of the husband and wife may not amounts to mental cruelty so as to get herself depressed leading to commit suicide. When it is admittedly evident that the husband of the deceased is soft spoken and mild, except the allegation against the accused that they taunted her regarding manner of dressing, there is no specific overt act of cruelty or dowry harassment attributed against them. Might be that the deceased being over sensitive, the manner in which it was being commented would have made her to take a decision to put an end to her life.
19. In the circumstances, although the learned Sessions Judge formed an opinion that there is lot of contradictions in the admissions made, the fact remains that the cruelty and ill-treatment attributed against the accused would not be sufficient to form the basis to the deceased to end her life. Having regard to the factual background and circumstances and the way in which the accused were leading their life, although they were residing at Bangalore, the learned Sessions Judge acquitted the accused.
20. In the circumstances, the order of acquittal passed by the Trial Court acquitting the accused cannot be found fault with. For the foregoing reasons, the appeal filed by the State is dismissed while confirming the order of acquittal passed by the Trial Court.