STATE OF KARNATAKA Vs. SUVARNNAMMA
LAWS(SC)-2014-10-52
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
October 14,2014
STATE OF KARNATAKA
Appellant
VERSUS
Suvarnnamma
Respondents
Referred Judgements :-
STIRLAND V. DIRECTOR OF PUBLIC PROSECUTIONS [REFERRED TO]ZWINGLEE ARIEL VS. STATE OL MADHYA PRADESH [REFERRED TO]
GURCHARAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
NISAR ALI VS. STATE OF UTTAR PRADESH [REFERRED TO]
TAHSILDAR SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
JAI DEV HARI SINGH VS. STATE OF PUNJAB [REFERRED TO]
UGAR AHIR VS. STATE OF BIHAR [REFERRED TO]
BAKSHISH SINGH DHALIWAL VS. STATE OF PUNJAB [REFERRED TO]
SOHRAB S O BELI NAYATA VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE OF PUNJAB VS. JAGIR SINGH BALJIT SINGH AND KARAM SINGH [REFERRED TO]
SHIVAJI SAHABRAO BOBADE VS. STATE OF MAHARASHTRA [REFERRED TO]
BALAKA SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF RAJASTHAN VS. KALKI [REFERRED TO]
STATE OF UTTAR PRADESH VS. M K ANTHONY [REFERRED TO]
KARNEL SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAM BIHARI YADAV VS. STATE OF BIHAR [REFERRED TO]
PARAS YADAV VS. STATE OF BIHAR [REFERRED TO]
RAMMI VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAM GAULAM CHAUDHARY VS. STATE OF BIHAR [REFERRED TO]
STATE DELHI ADMINISTRATION VS. DHARAMPAL [REFERRED TO]
LEHNA VS. STATE OF HARYANA [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
KRISHNA MOCHI VS. STATE OF BIHAR [REFERRED TO]
JOSEPH VS. STATE OF KERALA [REFERRED TO]
AMAR SINGH VS. BALWINDER SINGH [REFERRED TO]
STATE OF PUNJAB VS. KARNAIL SINGH [REFERRED TO]
DEVATHA VENKATASWAMY RANGAIAH VS. PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH [REFERRED TO]
STATE OF PUNJAB VS. POHLA SINGH [REFERRED TO]
STATE OF UTTAR PRADESH VS. BABU [REFERRED TO]
SUCHAND PAL VS. PHANI PAL [REFERRED TO]
DHANAJ SINGH ALIAS SHERA VS. STATE OF PUNJAB [REFERRED TO]
TRIMUKH MAROTI KIRKAN VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF RAJASTHAN VS. KASHI RAM [REFERRED TO]
RAJ KUMAR PRASAD TAMARKAR VS. STATE OF BIHAR [REFERRED TO]
Cited Judgements :-
SIJU KURIAN VS. STATE OF KARNATAKA [LAWS(SC)-2023-4-45] [REFERRED TO]SOMASHEKARA VS. VASANTHAKUMAR [LAWS(KAR)-2022-2-159] [REFERRED TO]
RAM NARESH VS. STATE OF U.P. [LAWS(ALL)-2020-2-178] [REFERRED TO]
DROPA DEVI AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-2-93] [REFERRED TO]
P.A. CHANDRA DAS VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-7-54] [REFERRED TO]
JOGINDER @ MINTU VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2018-10-395] [REFERRED TO]
DURAB VS. STATE OF U.P. [LAWS(ALL)-2016-8-70] [REFERRED TO]
VINOD AND ANOTHER VS. THE STATE OF U.P. [LAWS(ALL)-2017-2-197] [REFERRED TO]
GIRVAR AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-2-24] [REFERRED TO]
MUNIYANDI @ MUNIRAJ VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-11-111] [REFERRED TO]
SHENUKUMAR VS. STATE OF KERALA [LAWS(KER)-2015-9-156] [REFERRED TO]
BIMAL SUBBA ALIAS BIJAY SUBBA VS. STATE OF SIKKIM [LAWS(SIK)-2020-6-7] [REFERRED TO]
MD KAMRAN @ AMANULLAH VS. STATE OF BIHAR [LAWS(PAT)-2019-7-112] [REFERRED TO]
DASHRATH HARIRAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-10-1] [REFERRED TO]
STATE VS. MALLIKARJUN REDDY [LAWS(KAR)-2017-8-32] [REFERRED TO]
JAGNNATH VS. STATE OF U.P. [LAWS(ALL)-2020-2-41] [REFERRED TO]
NAND RAM VS. STATE OF U.P. [LAWS(ALL)-2017-5-221] [REFERRED TO]
NAND KISHORE URF NAND BIHARI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-4-133] [REFERRED TO]
BHAGWAN JAGANNATH MARKAD & ORS. VS. STATE OF MAHARASHTRA [LAWS(SC)-2016-10-5] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MOHIT AND OTHERS [LAWS(HPH)-2017-9-46] [REFERRED TO]
THONGAM TARUN SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2018-4-7] [REFERRED TO]
SOUBAM NAOBA SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-5-1] [REFERRED TO]
SALMAN SALIM KHAN VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-12-63] [REFERRED TO]
SAHEBGONDA LAXMAN BIRAJDAR & ORS. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-10-85] [REFERRED TO]
STATE OF U.P. VS. PHOOL SINGH [LAWS(ALL)-2022-3-8] [REFERRED TO]
STATE OF KARNATAKA VS. GOVARDHANA MURTHY @ GOVARDHAN [LAWS(KAR)-2020-3-129] [REFERRED TO]
MAHESH KHANDELWAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-9-5] [REFERRED TO]
TIMMAPPA S/O TIMMAPPA AGE : 21 YEARS, OCC: STUDENT, R/O WADAWATTI VILLAGE, TQ. & DIST. RAICHUR VS. THE STATE OF KARNATAKA THROUGH YARAGERA P.S., DIST. RAICHUR [LAWS(KAR)-2017-3-25] [REFERRED TO]
RAM CHARAN AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-4-10] [REFERRED TO]
NIWAS RAI AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-1-70] [REFERRED TO]
ASTAFA & OTHERS VS. STATE OF U.P. [LAWS(ALL)-2016-10-141] [REFERRED TO]
VISMAY AMITBHAI SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2020-2-388] [REFERRED TO]
CHARLI RAJA VS. STATE OF M.P. [LAWS(MPH)-2018-1-365] [REFERRED TO]
THE STATE OF KARNATAKA VS. SRIMANTH S/O BHIMSHA NAIKODI ORS [LAWS(KAR)-2017-3-32] [REFERRED TO]
RAM NARESH AND 2 OTHERS VS. STATE OF U P [LAWS(ALL)-2016-9-134] [REFERRED]
STATE OF U P (STATE APPEAL) VS. ILYAS [LAWS(ALL)-2016-4-269] [REFERRED]
SRI NIWAS RAI AND OTHERS VS. STATE OF U P [LAWS(ALL)-2016-1-392] [REFERRED]
STATE OF GUJARAT VS. SHAILENDRA RAJDEV PASVAN [LAWS(GJH)-2016-9-173] [REFERRED TO]
KASHMIRA DEVI VS. STATE OF UTTARAKHAND [LAWS(SC)-2020-1-78] [REFERRED TO]
KESHWAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2020-2-24] [REFERRED TO]
STATE OF KARNATAKA VS. CHANDRASHEKARA BABU @ CHANDRASHEKARA [LAWS(KAR)-2019-10-12] [REFERRED TO]
AVINASH DATTA CHAVHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-2-212] [REFERRED TO]
RAM PAL VS. STATE OF U.P. [LAWS(ALL)-2020-5-10] [REFERRED TO]
RAJESH VS. STATE OF U P [LAWS(ALL)-2019-9-109] [REFERRED TO]
BHANTA VS. STATE OF U.P. [LAWS(ALL)-2016-2-76] [REFERRED TO]
KAYYOOM VS. STATE OF U P [LAWS(ALL)-2018-8-34] [REFERRED TO]
BIHARI LAL VS. STATE OF H.P. [LAWS(HPH)-2017-3-12] [REFERRED TO]
SHEO LAL AND ORS. VS. STATE [LAWS(ALL)-2015-12-84] [REFERRED TO]
STATE OF UTTAR PRADESH VS. SHIV NARAYAN SINGH [LAWS(ALL)-2022-5-103] [REFERRED TO]
RAM CHANDER VS. STATE OF U.P. [LAWS(ALL)-2019-12-154] [REFERRED TO]
RAM CHANDER VS. STATE OF U.P. [LAWS(ALL)-2019-12-154] [REFERRED TO]
AVINASH DATTA CHAVHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-2-303] [REFERRED TO]
JUDGEMENT
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(1.)This appeal has been preferred against the Order dated 22nd December, 2005, of the High Court of Karnataka at Bangalore in Criminal Appeal No.1818 of 2004 setting aside the conviction of the accused- respondent Nos.1 and 2 passed by the Trial Court under Sections 498-A and 304-B of the Indian Penal Code ("IPC") and Sections 3,4 and 6 of the Dowry Prohibition Act, and sentence imposed including the sentence to undergo imprisonment for life for the offence punishable under Section 304-B of the IPC.
(2.)The case of the prosecution is that the deceased Soumya was married to the accused-Manjunath on 13th May, 1996. She was living with her husband and his mother co-accused Suvarnamma. She was not treated well and was harassed for dowry. On 31st August, 1998 at about 6.15 P.M., when her husband had gone out, the accused Suvarnamma brought kerosene can, poured kerosene on the deceased-Soumya and ignited the fire. She cried for help but Suvernamma put a rug on her. Thereafter, she shifted her to Chigateri General Hospital, Davangere. PW-19, Dr. Rajeshwari Devi, examined her. Next day in the morning of 1st September, 1998, at about 7 A.M., PW-26, V. Dhananjaya, PSI, in the presence of PW-19, Dr. Rajeshwari Devi recorded her statement and on that basis registered First Information Report. Soumya died on 3rd September, 1998. After investigation, the accused the husband, the mother-in-law and the sister-in-law, were sent up for trial.
(3.)The prosecution examined 26 witnesses which included the family members of the deceased who gave evidence of demand of dowry and also the oral dying declarations made before them.
PW-22, Taluqa Executive Magistrate, was examined to prove the inquest report. The prosecution also examined the medical experts and the investigating officers. The accused denied the prosecution allegations and stated that they were taken out of their house by the police at 12 A.M. mid- night and arrested and were not aware of anything.
(2.)The case of the prosecution is that the deceased Soumya was married to the accused-Manjunath on 13th May, 1996. She was living with her husband and his mother co-accused Suvarnamma. She was not treated well and was harassed for dowry. On 31st August, 1998 at about 6.15 P.M., when her husband had gone out, the accused Suvarnamma brought kerosene can, poured kerosene on the deceased-Soumya and ignited the fire. She cried for help but Suvernamma put a rug on her. Thereafter, she shifted her to Chigateri General Hospital, Davangere. PW-19, Dr. Rajeshwari Devi, examined her. Next day in the morning of 1st September, 1998, at about 7 A.M., PW-26, V. Dhananjaya, PSI, in the presence of PW-19, Dr. Rajeshwari Devi recorded her statement and on that basis registered First Information Report. Soumya died on 3rd September, 1998. After investigation, the accused the husband, the mother-in-law and the sister-in-law, were sent up for trial.
(3.)The prosecution examined 26 witnesses which included the family members of the deceased who gave evidence of demand of dowry and also the oral dying declarations made before them.
PW-22, Taluqa Executive Magistrate, was examined to prove the inquest report. The prosecution also examined the medical experts and the investigating officers. The accused denied the prosecution allegations and stated that they were taken out of their house by the police at 12 A.M. mid- night and arrested and were not aware of anything.
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