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2006 DIGILAW 133 (KAR)

STATE OF KARNATAKA v. KRISHNA PARASHARAM KHARADE

2006-02-02

K.SREEDHAR RAO

body2006
JUDGMENT The respondent-accused are charge-sheeted for offences punishable under Sections 304, 306 and 498-A read with Section 34 of the Indian Penal Code, 1860. The gist of the prosecution case is that accused 1 is the husband of the deceased Bharati, accused 2 is the mother of accused 1 and accused 3 and 4 are the sisters of accused 1. The deceased is married to accused 1 about 7 years ago from the date of the incident. The accused persons were harassing and assaulting the deceased on the ground that she is a lazy person, does not attend to the househ9ld chores, does not wash her clothes, does not know cooking and advising her to mend her habits. Out of the wedlock, the deceased had two children. Being unable to bear the harassment of her in-laws, the deceased committed suicide by hanging. 2. The prosecution has proved that death of the deceased is an unnatural and suicidal death. P.W. 1 is the father, P.W. 2 is the mother, P.W. 3 is the relative and P.W. 4 is the brother of the deceased. P.Ws. 5 and 15 are inquest panch witnesses. P.Ws. 8, 9 and 10 are the police constables, P.W. 21 is the Investigating Officer, P.Ws. 12 and 13 are the panch witnesses, P.Ws. 14, 16 and 17 are the relatives of the deceased. P.W. 16 is the daughter of the deceased. P.W. 18 is the police constable, P.W. 19 is a witness to testify about the marriage. 3. The Trial Court acquitted the accused on the ground that allegations made against the accused do not constitute offence under Sections 498-A and 306 of the Indian Penal Code. 4. A thorough scrutiny of evidence of P.Ws. 1 to 4 and other witnesses discloses that the deceased was not evincing interest in the domestic chores. She was behaving indifferently, getting up late in the mornings, not attending to washing the clothes, not keeping the house clean, not knowing cooking despite the fact that she led marital life for about seven years with two children. For these reasons, it is stated that the accused used to scold her. 5. The accused in defence, have also contended that the deceased was an ambitious lady. The accused are persons with modest means. For these reasons, it is stated that the accused used to scold her. 5. The accused in defence, have also contended that the deceased was an ambitious lady. The accused are persons with modest means. The deceased wished luxurious life, hence, insisted her husband to set up a separate residence from her in-laws since her desires could not be met, out of frustration, the deceased committed suicide. 6. The facts and evidence noted about do not suggest that the accused could be held liable for an offence under Section 306 of the Indian Penal Code. The deceased being dejected with her financial conditions committed suicide, therefore, acquittal of accused for an offence under Section 306 of the Indian Penal Code is sound and proper. With regard to Section 498-A, it is necessary for the prosecution to establish that cruelty perpetrated on the deceased is of such a nature that it has driven the deceased to commit suicide. The conduct of the accused in reprimanding the deceased for her lethargic habits, strongly advising her to be more compatible with the members of the family and to evince interest in the domestic chores cannot be considered as acts of cruelty. In the social set up of family, it is necessary that every one in the family should necessarily evince equal amount of interest for the welfare and well-being of the family. The deceased having led marital life for 7 years with two children, committing suicide itself suggest the careless and unmotherly attitude. The children are still young. Mother's care was very much necessary. The analysis of evidence and the view taken by the Trial Court that the acts complained of against the accused do not constitute cruelty under the provisions of Section 498-A is sound and proper. Hence, the appeal is dismissed.