Satish Shetty Vs. State of Karnataka
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Head Note
Indian Penal Code,1860 - Section 304-B , Section 498-A
Dowry Prohibition Act - Reversal of acquittal - Depositions of PW 6 (mother), PWs. 9 & 20 (brothers) regarding dowry demand at the time of marriage and its acceptance as admitted by appellant in UDR complaint (Exp 20), ignored by trial court - Held evidence of PW 6, mother is corroborated by PW 7 cousin who visited deceased and witnessed the shabby treatment meted out to her by appellant. Trial Court wrongly found that the letters written by deceased to her mother and those written by her sister to her, helped defence. It rejected the correct and logical inference drawn from the documents on the ground that statements of PWs 6, 9, 20 and others, recorded by PW 15 were not produced before court, though these statements were on record - Trial Court's judgement was perverse and interference with acquittal was justified.
Indian Penal Code,1860 - Section 306
Conviction under Section 306 by High Court in absence of charge there-under - Whether justified - Held - Yes.
Indian Penal Code,1860 - Section 498-A , Section 306 , The Indian Evidence Act, 1872 - Section 113-A
Raising of presumption under Section 113A - Abetment to suicide by married woman - Suicide committed by deceased, a 25 years old lady and mother of 10 months old child - Various injuries found on her person, not explained by appellant-husband who was with her in the same room, when she consumed poison - His initial and later explanations rejected by High Court - Based on its finding that physical and mental harassment meted out to her for not bringing Rs. 1 lac for investment in wine shop, fell under clause (b) of explanation of Section 498A IPC, High Court invoked presumption under Section 113A - Justification - Held, component of cruelty under Section 498A was established. Word 'may' used in Section 113A gives discretion to court to raise such presumption where suicide is committed within 7 years of marriage and in this case it was rightly raised as all ingredients for raising it were met. Appellant failed to rebut it. His initial explanation that deceased committed suicide because she was not permitted to go to her mother's place was rightly rejected as for such a trivial issue a young lady with 10 months old child would not commit suicide - Appeal fails.
Topic(s)-Dowry Death - Reversal of acquittal