- (1.) This appeal has been preferred against the judgment and order dated 6.6.2007, passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.1146 of 2000, preferred by the State against the judgment and order of the Sessions Judge, Bangalore city dated 8.6.2000, passed in Sessions Case No.550 of 1995, by which and whereunder, the appellant stood acquitted of all the charges under Sections 498A and 304B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC) and Sections 3, 4 and 6 of the Dowry Prohibition Act (hereinafter called the 'DP Act'). The High Court on appeal convicted the appellant under Section 304B IPC and awarded a sentence of 7 years; under Section 498A IPC awarded the sentence for a period of 3 years and also a fine of Rs.5,000/- was imposed, and in default, to undergo further sentence of 6 months. The appellant was also convicted under Section 3 of DP Act and imprisonment for a period of 5 years was awarded alongwith a fine of Rs.10,000/-, and in default to undergo imprisonment for one year; under Section 4 of DP Act, imprisonment for a period of 6 months was awarded and a fine of Rs.10,000/- was imposed, in default, to undergo imprisonment for 3 months. However, all the sentences were directed to run concurrently.
(2.) Facts and circumstances giving rise to this appeal are that: A. The appellant got married to one Shanthi on 16.9.1994. The marriage was negotiated by their parents at the house of one Jayasingh. The parents of Shanthi gave 7 to 8 gold ornaments including a neck chain and a ring to the appellant in the marriage. After the marriage, the appellant and Shanthi were residing at the appellant's house bearing no.93, 2nd Cross, Basaveshwara Nagar, Magadi Road, Bangalore. It was only at a distance of one kilometre from her parents' house. It is alleged that Shanthi was ill-treated by the appellant and also physically and mentally tortured, demanding more dowry. B. On 14.12.1994, the appellant quarrelled with Shanthi on the ground that she had taken Rs.50/- from his shirt pocket without his consent. Shanthi committed suicide by pouring kerosene and setting herself ablaze. She was taken to Victoria Hospital, Bangalore, however, she died at about 7 p.m. on the same day. As it was a case of unnatural death, the post-mortem was conducted on the dead body of Shanthi on 15.12.1994 and in the opinion of Dr. B.R.S. Kashyap (PW.17), the cause of death was shock as a result of burns sustained. About 95% ante-mortem burns were noticed. C. Sundaresh (PW.1), father of deceased Shanthi lodged a complaint on 16.12.1994 alleging that the appellant was responsible for the death of his daughter Shanthi and in view thereof, the Police registered an FIR in case No.773 of 1994 under Sections 498A and 304B IPC. The appellant was arrested on 17.12.1994. The investigation commenced and charge-sheet was filed under Sections 498A, 304B IPC and 3, 4 and 6 of DP Act and the matter was committed to Sessions. D. During the trial, 17 witnesses were examined by the prosecution. The star witnesses were Sundaresh (PW.1), father of deceased Shanthi, Manimaran (PW.2), brother of deceased Shanthi, and Sakkubai (PW.6), mother of deceased. In addition thereto, the other witnesses were Smt. M. Sarala Somaiah, (PW.15), I.O., Dr. B.R.S. Kashyap (PW.17) who conducted the post-mortem examination. The appellant was examined at the verge of conclusion of trial under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') and vide judgment and order dated 8.6.2000, the appellant was acquitted of all the charges. E. Aggrieved, the State preferred an appeal before the High Court which has been allowed vide impugned judgment and order dated 6.6.2007. Hence, this appeal.
(3.) Mr. Rohat Bansal, learned counsel appearing for the appellant has submitted that the High Court failed to appreciate the judgment of the Trial Court in the correct perspective and interfered with the judgment and order of acquittal passed by the Trial Court in contravention of the parameters laid down by this Court. There had been material contradictions in the statements of PWs.1, 2, 6 and 7. Therefore, the Trial Court had rightly passed the order of acquittal. The FIR itself was lodged on 16.12.1994 though Shanthi died on 14.12.1994. The question of dowry demand would not arise. The statement made by Sarasa, sister of deceased before her family members was accepted by the High Court without realising that Sarasa was not examined by the prosecution. The High Court failed to appreciate that when two views are possible, the view beneficial to the accused must be accepted. Therefore, the appeal deserves to be allowed.;