STATE OF KARNATAKA Vs. H A RAMASWAMY

JUDGEMENT

(1.) On the basis of a charge-sheet filed by the C.O.D., the learned Sessions Judge had framed charges under Sections 498A, 306 and 304B of the I.P.C. against the husband, father-in-law and mother-in-law of one Shashikala who died on 7-11-1987 by committing suicide in the house of the accused persons. The first accused is the husband, the second and third accused are the father-in-law and mother-in-law of deceased Shashikala.

(2.) The prosecution case in brief is to the following effect. The deceased was the daughter of one T. B. Mruthyunjaya who was working as an executive engineer in Madhya Pradesh. A proposal for the marriage of Shashikala with the first accused, who is a doctor, came from the aunt of the deceased. In about December, 1982 the girl was taken to the house of the accused and at that time A2 and A3 demanded dowry of Rs. 25,000/- as also gold ornaments of 45 sovereign and other household articles. They also wanted the marriage to be performed at the cost of the bride's father. The parents of the deceased after negotiations agreed to give the dowry sought for by A2 and A3. By the end of January, 1983 betrothal was performed in the house of Bride's father at Bangalore and at that time bride's father paid Rs. 25,000/- in cash to A2. 'The marriage of the deceased with A-1 was performed on 6th May, 1983 at Bangalore. At the time of the marriage gold ornaments weighing 45 sovereign, silver vessels, household articles, furniture, etc. were given to A1 and A2. Thereafter the deceased went to live with A1 who is a registered medical practitioner at Tiptur. The newly married couple lived happily for about 3 months. Thereafter the deceased was complaining to P.W. 1, her elder brother, as well as to P.W. 2, Shanthamma, her mother, that the accused were not satisfied with the dowry given and that they were ill-treating her. She used to complain that A l was ill-treating her saying that if he had married some other doctor girl she would have got sufficient dowry. Though the parents of the deceased requested the accused to look after the deceased well the attitude of the accused had not changed. The first accused wanted to shift to Bangalore and the deceased told her parents and P.W. 1 that A1 wanted a portion of their house in Bangalore. As that house was not big P.Ws. 1 and 2 did not agree. When the father of the deceased died in October, 1985 the accused was asking the deceased to get money from her parental house as they must have received money after the death of her father. On account of the ill-treatment that was being given by the accused P.W. 1 along with his other relatives approached P.W. 16, Chandrashekariah, who was the sitting M.L.A. from Tiptur to advice the accused to treat the deceased well. P.W. 16 and P.W. 1 and others went to the house of the accused and P.W. 16 advised the accused to look after his wife well. After that Panchayath Shashikala who was staying at Bangalore was taken back to the house of the accused. The deceased had once taken poison and at that time A I had got her treated in the Government hospital by giving false name. Inspire of the Panchayat first accused continued ill-treating the deceased. On 6-11-1987 P.W. 2 received a telephone call from the deceased and she informed P.W. 2 that her harassment and ill-treatment had increased and that she i.e. P.W. 2 must send some one to take her back. Accordingly P.W. 2 sent P.W. 1 to Tiptur to the house of the accused. The deceased told P.W. 1 that she cannot tolerate the ill-treatment and harassment by the accused. The first accused's brother told P.W. 1 that they would advise A1 to look after the deceased well and as such P.W. 1 came back. On 7-11-1987 morning Shashikala committed suicide by hanging herself from a beam in the ceiling. At about 2.15 p.m. one Nagaraj of Tiptur had telephoned the sister of the deceased about the deceased being serious. Subsequently P.W. 1 through his friend got the information that Shashikala had died. Thereafter P.W. 1 and P.W. 2 along with others went to Tiptur. Some persons there were talking that the deceased had left a chit and that it was with Al. Though A1 first stated that he did not know anything about it when that matter was brought to the notice of the police who arrived there at their instance A 1 produced a chit, Ex. P3, from his pocket. That chit was written in Hindi and it was in the hand writing of the deceased. As that chit referred to a diary in which she had written as to went she wanted to die, the police searched the premises and found Ex. P4 diary which contained certain writing in the hand writing of the deceased. The same was seized by the police. Thereafter P.W. 1 lodged a complaint. After. investigation the police filed the charge sheet.

(3.) The accused have admitted the marriage of Shashikala with A1, The rest of the prosecution case about demand or acceptance of dowry or the ill-treatment of the deceased has been denied. The fact that the deceased committed suicide had also been admitted.