PANKAJ MITHAL,J. - (1.)The accused-appellant was charged under Ss. 417, 376 and 306 of the Indian Penal Code(In short 'IPC'). The trial court acquitted him of all the above offences, but on appeal by the State of Karnataka to the High Court, he was convicted for the offences under Ss. 417 and 306 IPC. However, the acquittal under Sec. 376 IPC was maintained. He was awarded sentence of 1 year under Sec. 417 IPC with a fine of Rs.5,000.00; and with a sentence of 4 years for the offence under Sec. 306 IPC with a fine of Rs.20,000.00. Basically, the conviction of the accused-appellant is for the offences of cheating and for abetment of suicide only.
(2.)A girl named Suvarna, aged about 21 years, was in love with the accused-appellant for the past 8 years i.e. she was in love with him since the age of 13 years. It is alleged that the accused-appellant had promised to marry her but when he refused, she consumed poison and committed suicide.
(3.)It is alleged that the accused-appellant, Kamruddin Dastagir Sanadi, had promised to marry the deceased before the jamaat (panchayath) but 4 months prior to the incident, he had left the village and started living at Kakati, Karnataka. The deceased came to Kakati in the evening of 18/8/2007 and when the accused-appellant clearly refused to marry her, she left. The deceased spent the whole night at the bus stand at Kakati and in the morning consumed poison which she had brought with her from Gadhinglaj. One Badshaha (PW- 5), relative of the accused-appellant, found her lying at the bus stand and took her to hospital at about 08:50 am on 19/8/2007. PSI Kakati (PW-15) recorded the statement of the deceased between 3 pm and 4 pm & thereafter sent a requisition to the Executive Magistrate to record the deceased's dying declaration. The dying declaration of the deceased was recorded by the Taluka Executive Magistrate, Belgaum (PW-11) in the presence of the doctor (PW-12) between 04.50 pm and 05.20 pm. Thereafter, she died in the hospital on the same day itself i.e. on 19/8/2007.