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The State Of Karnataka vs Mahadevamma
2022 Latest Caselaw 5407 Kant

Citation : 2022 Latest Caselaw 5407 Kant
Judgement Date : 25 March, 2022

Karnataka High Court
The State Of Karnataka vs Mahadevamma on 25 March, 2022
Bench: B.Veerappa, S Rachaiah
                                              -1-




                                                            CRL.A No. 763 of 2015
                                                      C/W CRL.A No. 764 of 2015


                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 25TH DAY OF MARCH, 2022

                                            PRESENT

                               THE HON'BLE MR JUSTICE B.VEERAPPA
                                              AND
                               THE HON'BLE MR JUSTICE S. RACHAIAH

                               CRIMINAL APPEAL NO. 763 OF 2015
                                             C/W
                               CRIMINAL APPEAL NO. 764 OF 2015

                   IN CRL.A. No.763/2015

                   BETWEEN:
                   1.   THE STATE OF KARNATAKA,
                        BY KIRUGAVALU POLICE STATION,
                        MALAVALLI TALUK-571430.
                                                                    ...APPELLANT
                   (BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC
                   PROSECUTOR)

                   AND:
                   1.   MAHADEVAMMA,
                        W/O BASAVAIAH,
                        AGED ABOUT 36 YEARS,
Digitally signed        RESIDING AT KIRUGAVALU TOWN,
by MALATESH             MALAVALLI TALUK,
KC
Location: High          MANDYA DISTRICT 571430.,
Court of                                                          ...RESPONDENT
Karnataka
                   (BY SRI. C. N. RAJU, ADVOCATE)
                                              .....
                             -2-




                                         CRL.A No. 763 of 2015
                                   C/W CRL.A No. 764 of 2015


     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(1) AND (3) OF CODE OF CRIMINAL PROCEDURE PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL
DATED 19.11.2014 PASSED BY THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE AT MANDYA, IN S.C.No.174/2013 BY
ALLOWING CRIMINAL APPEAL; CONVICT AND SENTENCE THE
REPONDENT/ACCUSED No.2 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498-A, 323, 302 AND 504 READ WITH
SECTION 34 OF IPC.


IN CRL.A. No.764/2015

BETWEEN:
1.   THE STATE OF KARNATAKA,
     BY KIRUGAVALU POLICE STATION,
     MALAVALLI TALUK-571430.
                                                 ...APPELLANT
(BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC
PROSECUTOR)

AND:
1.   MADAMMA,
     W/O MADAIAH,
     AGED ABOUT 62 YEARS,

2.   MADESHA
     S/O MADAIAH,
     AGED ABOUT 36 YEARS,

     BOTH ARE RESIDING AT
     KIRUGAVALU TOWN,
     MALAVALLI TALUK-571430.
                                              ...RESPONDENTS
(BY SRI. C. N. RAJU, ADVOCATE FOR R1 AND R2)
                            ****
     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(1) AND (3) OF CODE OF CRIMINAL PROCEDURE PRAYING
                               -3-




                                           CRL.A No. 763 of 2015
                                     C/W CRL.A No. 764 of 2015


TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL
DATED 19.11.2014, PASSED BY THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE AT MANDYA, IN S.C.No.79/2013 BY
ALLOWING CRIMINAL APPEAL; CONVICT AND SENTENCE THE
REPONDENTS/ACCUSED Nos.1 AND 3 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498-A, 323, 302 AND 504
READ WITH SECTION 34 OF IPC IN THE INTEREST OF JUSTICE
AND EQUITY.

     THESE CRIMINAL APPEALS COMING ON FOR HEARING
THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:


                      JUDGMENT

The State filed these Criminal Appeals against the

judgment of acquittal dated 19.11.2014 made in

S.C.Nos.174/2013 and 79/2013 on the file of the I Additional

District and Sessions Judge, Mandya, acquitting accused Nos.1,

2 and 3 for the offences punishable under Sections 498A, 323,

302, 504 r/w 34 of the Indian Penal Code.

2. It is the case of the prosecution that accused No.1 is the

mother-in-law, accused No.2 is the sister-in-law and accused

No.3 is the husband of the victim/deceased Hemalatha. On the

basis of the statement of victim as per Ex.P.4 recorded on

29.11.2012 which, after her death became dying declaration,

the jurisdictional police registered a case in Crime No.121/2012

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

for the offences punishable under Sections 498A and 302 r/w

Section 34 of the Indian Penal Code.

3. It is the case of the prosecution that accused No.3

married deceased about six years prior to the incident and out

of the wedlock, two female mentally retarded children were

born. After the birth of the children, accused Nos.1 to 3 started

teasing and torturing Hemalatha saying that she has given birth

to female children and subjected her to mental and physical

cruelty. On 28.11.2012 at about 7.00 pm, when accused

No.3/husband of the victim-Hemalatha came home, she asked

money for maintenance of the house. The accused No.3 picked

up quarrel with Hemalatha, asked her to go for coolie work and

earn money to maintain the home, assaulted her by kicking on

her stomach and back, and went away from the house. After

few minutes, accused Nos.1 and 2 came to the house, abused

Hemalatha in filthy language saying that every day she quarrels

with her husband and in order to kill Hemalatha, they brought

kerosene can from the house, accused No.1 poured kerosene

on Hemalath and accused No.2 set fire using match stick.

Being unable to tolerate the flame, Hemalatha started

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

screaming. At that time, accused No.3 came, poured water

and tried to extinguish the fire. Thereafter, called the

ambulance and shifted the victim to K.R.Hospital, Mysuru.

Later, Hemalatha succumbed to burn injuries, in the hospital,

on 03.12.2012. The jurisdictional police, after investigation,

filed charge sheet against the accused persons.

4. After committal of the matter, the learned Sessions Judge

secured the presence of the accused persons, framed the

Charge, read over to the accused persons in the language

known to them, who pleaded not guilty and claimed to be tried.

5. To bring home the guilt of the accused, the prosecution,

in all examined 17 witnesses as P.Ws.1 to 17 and marked the

documents Exs.P.1 to 29 and marked M.Os.1 to 3. On behalf of

the defence, Exs.D.1 to D.4 were marked. After completion of

the evidence of prosecution witnesses, the statement of the

accused persons was recorded as contemplated under Section

313 of the Code of Criminal Procedure explaining all the

incriminating circumstances appearing against them in the

evidence of prosecution witnesses. The accused persons

denied all the incriminating circumstances made against them.

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

6. Based on the aforesaid material on record, the learned

Sessions Judge framed two points for consideration.

Considering both oral and documentary evidence on record, the

learned Sessions Judge recorded the finding that the

prosecution failed to prove that on 28.11.2012 accused Nos.1

to 3 joined together and tortured the wife of accused No.3 on

the pretext that she gave birth to mentally retarded female

children and abused her, harassed her and accused No.3 kicked

on her stomach and back when she asked money for

maintenance of the house and voluntarily caused simple hurt

and gave cruelty and thereby committed offences punishable

under Sections 498A, 323, 504 r/w 34 of the Indian Penal

Code. Further, the prosecution failed to prove that on the said

date, accused Nos.1 and 2 entered the house and poured

kerosene on Hemalath and accused No.2 set fire and burnt her

and on 03.12.2012, Hemalatha died in the hospital and thereby

committed homicidal death of Hemalatha and committed an

offence punishable under Section 302 r/w 34 of the Indian

Penal Code. Accordingly, by the impugned judgment of

acquittal, acquitted accused Nos.1 to 3 for the offences

punishable under Sections 498A, 323, 504 and 302 r/w 34 of

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

the Indian Penal Code. Hence, the present Criminal Appeal is

filed by the State.

7. We have heard the learned counsel for the parties.

8. Sri Vijayakumar Majage, learned Additional State Public

Prosecutor contended with vehemence that the impugned

judgment of acquittal passed by the learned Sessions Judge is

erroneous, contrary to the material on record and cannot be

sustained. He further contended that the jurisdictional police

registered a case based on the statement of the victim-Ex.P.4,

which after her death became the dying declaration, wherein

the deceased has specifically stated before the Doctor in the

presence of Tahsildar that accused Nos.1 to 3 are the cause for

the burn injuries sustained by her. P.W.3-Dr.Prakash S.S. has

certified that the patient is conscious, oriented and is in fit

condition while recording the statement. ASI has endorsed that

the statement of the victim was recorded in his presence

between 8.05 pm to 8.40 pm, on 29.11.2012. He further

contended that though the specific charge against accused

Nos.1 to 3 is for the offences punishable under Sections 498A,

323, 504 r/w 34 of the Indian penal Code and accused Nos.1

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

and 2 are charged with the offence punishable under Section

302 of the Indian Penal Code, the learned Sessions Judge

ignoring both oral and documentary evidence on record,

proceeded to acquit the accused persons and the same is

without any basis and it has resulted in miscarriage of justice.

He further contended that the learned Sessions Judge has not

considered the evidence of P.Ws.1, 2, 3, 5, 6, 9 and 10 in

proper perspective. The evidence of P.Ws.12 and 13-Doctors

has not been properly considered. The material on record

clearly depicts that there was constant harassment and cruelty

meted out to the deceased by the accused persons on the

ground that she gave birth to two female mentally retarded

children. On the date of the incident, when the deceased asked

money for maintenance of the house, accused No.3 being her

husband started quarrel with her asked her to go for coolie

work and earn the money, kicked on her stomach and back and

went away. Thereafter, accused Nos.1 and 2 came to the

house, abused the deceased, poured kerosene and set her on

fire. Inspite of the evidence on record, the learned Sessions

Judge erred in acquitting the accused persons for the offences

made out in the Charge.

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

9. Learned Additional SPP further contended that in view of

the specific evidence of the doctors that the deceased had

sustained 85% burn injuries and the evidence of prosecution

witnesses depicting constant harassment meted out to the

deceased, the learned Sessions Judge is not justified in

acquitting the accused persons and therefore, sought to allow

the Criminal Appeals.

10. Per contra, Sri C.N.Raju, learned counsel for the

respondents/accused persons in both the Criminal Appeals

sought to justify the impugned judgment of acquittal passed by

the learned Sessions Judge and contended that the learned

Sessions Judge, considering both oral and documentary

evidence on record, recorded a finding that the evidence of

P.Ws.1 to 17 are not cogent and are not corroborative to show

that on the date of the incident, when Accused No.3 came

home, deceased asked money to maintain the home. At that

time, the accused No.3 picked up quarrel with the deceased,

asked her to go to coolie work and earn the money, kicked on

her stomach and back and went away. So also it has come in

the evidence that accused No.3 tried to extinguish the fire by

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

pouring water and took the victim to the hospital. He further

contended that in the absence of endorsement made by the PSI

on Ex.P.7-statement of the victim recorded before her death,

does not inspire confidence of the Court to believe that accused

Nos.1 and 2 entered the house of accused No.3, poured

kerosene and set her on fire. He further contended that

P.W.13- Dr.V.Saikumar has admitted that it is a suicidal death.

The case sheet also indicates suicidal burns. Therefore, the

prosecution has not made out any case to interfere with the

impugned judgment of acquittal passed by the learned Sessions

Judge and therefore, sought to dismiss the Criminal Appeals.

11. In view of the aforesaid rival contentions urged by the

learned counsel for the parties, the points that would arise for

our consideration are:

(i) Whether the Trial Court is justified in acquitting the accused Nos.1, 2 and 3 for the offences punishable under Sections 498A, 323 and 504 r/w Section 34 of the Indian Penal Code?


  (ii)       Whether prosecution has proved beyond reasonable
             doubt   that   the     accused     Nos.1   and   2   have
                                  - 11 -




                                                CRL.A No. 763 of 2015
                                          C/W CRL.A No. 764 of 2015


committed an offence punishable under Section 302 r/w Section 34 of the Indian Penal Code?

12. We have given our thoughtful consideration to the

arguments advanced by the learned counsel for the parties and

perused the entire material on record, including original

records, carefully.

13. This Court being the Appellate Court, it is relevant to

consider the evidence of the prosecution witnesses and the

documents relied upon.

(i) P.W.1-Matiswamy, panch witness to the spot

mahazar-Ex.P.1 identified M.Os.1 to 3 and turned

hostile.

(ii) P.W.2-Kamalamma, relative of the accused turned

hostile.

(iii) P.W.3-Dr.Prakash S.S., Assistant Professor,

K.R.Hospital, Mysuru, issued the endorsement

Ex.P.3(b) to the effect that the victim is in fit state

of mind to give statement. He deposed that

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

statement of the victim was recorded between 8.05

pm to 8.40 pm on 29.11.2012, in the presence of

ASI and supported the prosecution case.

(iv) P.W.4-Manjula, Tahsildar, deposed that statement

of the victim was recorded in her presence as per

Ex.P.7, between 6.05 to 6.30 pm on 29.11.2012,

and supported the prosecution case.

(v) P.W.5-S.M.Mahadevaswamy, witness to the inquest

mahazar, supported the prosecution case.

(vi) P.W.6-Shivananjaiah, father of the deceased

deposed that accused No.3 informed him about the

incident over phone. He lodged the complaint as

per Ex.P.10 and supported the prosecution case.

(vii) P.W.7-Puttasiddamma, mother of the deceased,

deposed on par with P.W.6 and supported the

prosecution case.

(viii) P.W.8-Siddaiah, panch witness to Ex.P.1-spot

mahazar, supported the case of the prosecution.

- 13 -

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

(ix) P.W.9-Suresh S, brother of the deceased, deposed

that the accused No.3 used to quarrel with the

deceased on the ground that she gave birth to

mentally retarded children, and supported the

prosecution case.

(x) P.W.10-Siddaraju, relative of the deceased deposed

that he saw Hemalatha in the hospital, and she

died four days after the incident and supported the

prosecution case.

(xi) P.W.11-Dr.T.N.Chandrashekar, Professor, Mysuru

Medical College, deposed that he conducted the

autopsy on the dead body of the deceased and

issued post mortem report as per Ex.P.18 and

supported the prosecution case.

(xii) P.W.12-Dr.S.Chandrashekhar, R.M.O, K.R. Hospital,

Mysuru, deposed that he has not treated the

deceased. He forwarded the Case Sheet to the

jurisdictional police as per Ex.P.5.

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

(xiii) P.W.13-Dr.V.Saikumar, deposed that he is working

as Medical Officer at K.R.Hospital, Mysuru.

Hemalatha was admitted to the hospital on

28.11.2012 and he issued MLC marked as Ex.P.19

and supported the prosecution case.

(xiv) P.W.14-K.Siddegowda, ASI, Kirugavalu Police

Station, deposed that the statement of the victim

was recorded as per Ex.P.4, he apprehended

accused Nos.1 to 3 and submitted the report as per

Ex.P.20 and supported the prosecution case.

(xv) P.W.15-H.G.Chandrashekhar, ASI, deposed that

after the death of the victim, he sent the requisition

to incorporate Section 302 of IPC. He received the

complaint-Ex.P.10 and partly conducted the

investigation.

(xvi) P.W.16-N.Prathap Reddy, Police Inspector, deposed

that he conducted the investigation, drawn the spot

mahazar and filed the charge sheet, and supported

the prosecution case.

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

(xvii) P.W.17-A.C.Lokesh, Police Inspector, deposed that

he partly conducted the investigation. He deposed

about recording of the statement of the deceased

by the Tahsildar, seizure of M.Os.1 to 3, drawing of

sketch-Ex.P.28 and supported the prosecution

case.

Based on the aforesaid pleadings, the learned Sessions

Judge proceeded to acquit the accused persons.

14. It is undisputed fact that based on the statement made

by the victim in the hospital dated 29.11.2012 between 6.05 to

6.30 pm, the jurisdictional police registered a case in Crime

No.121/2012 against accused persons for the offences

punishable under Sections 498A and 307 r/w Section 34 of the

Indian Penal Code. There is no fitness certificate issued by the

doctor while recording the statement of the victim by the

Tahsildar as per Ex.P-7. Though learned Additional State Public

Prosecutor contended that an endorsement is made on Ex.P.3-

requisition to record the statement of the victim to the effect

that the patient is conscious and oriented and is in fit condition

to give statement, the original copy of the said document is not

- 16 -

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

furnished before the Court. EX.P.5-case sheet discloses that

cause for death is suicidal burns. The same was recorded from

8.00 pm to 8.40 pm on 28.11.2012, whereas, the endorsement

issued by the Doctor on Ex.P.3 is dated 29.11.2012 at 5.05 pm.

15. Ex.P.4, another dying declaration was recorded on

29.11.2012 before the ASI between 8.05 pm to 8.40 pm. The

fitness certificate issued on Exs.P.3, 4 and 7 clearly depicts that

the timings of the certificate issued and statement recorded are

entirely different and it creates doubt in the mind of the Court.

The doctor-P.W.19 admitted in the cross-examination that it is

a suicidal death. Though learned Additional State Public

Prosecutor submits that the said evidence has to be discarded

as the same is contrary to Ex.P.19-MLC report which clearly

depicts the history of assault and burns, however, the fact

remains that the evidence of prosecution witnesses is not

sufficient to convict the accused persons. The dying

declaration and voluntary statements are doubtful, in the

absence of mentioning of specific timings of recording the

statement of the victim by the Tahsildar or ASI in the presence

of the doctor. In the cross-examination, P.Ws.3, 4 and 14,

- 17 -

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

have deposed about the same. But the endorsement is

contrary. Thereby, the learned Sessions Judge is justified in

holding that Ex.P.7 does not inspire confidence of the court that

accused Nos.1 and 2 entered into the house of accused No.3,

poured kerosene and set the victim on fire.

16. Ex.P.1-spot mahazar clearly depicts that when deceased

was set on fire, she has not raised hue and cry and she has not

moved from the place. It indicates that there is no material

placed by the prosecution to show that the deceased tried to

escape from the fire. Therefore, it cannot be ruled out that the

deceased might have attempted to commit suicide, due to

poverty and birth of two female mentally retarded children.

The same is supported by the evidence of P.Ws.6, 7, 9 and 10.

Therefore, the case of the prosecution that the accused have

committed the homicidal death of the deceased is doubtful.

17. Considering the entire material on record, it is an

undisputed fact that accused No.3 and the deceased are the

husband and wife and out of the wedlock, two female mentally

retarded children were born. Therefore, accused Nos.1, 2 and

3 started to harass the deceased mentally and physically. If

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

mentally retarded children are born, no mistake can be

attributed to the deceased. It is the fate, for which the

deceased cannot be blamed. It is clear from the records that

accused Nos.1, 2 and 3 are charged for the offences punishable

under Sections 498A, 504, and 323 r/w Section 34 of the

Indian Penal Code and accused Nos.1 and 2 are also charged

for the offence punishable under Section 302 of the Indian

penal Code. There is no charge framed against the accused

No.3 for the offence punishable under Section 302 of the Indian

Penal Code. However, the evidence of the Doctor clearly

depicts that it is a suicidal death. The postmortem report

clearly depicts that that the injuries sustained by the deceased

are ante mortem infected burns 85% and the cause for death is

due to septicemic shock as a result of infection consequent to

burns sustained.

18. Considering the evidence of prosecution witnesses and

the statement made by the accused, though the statement of

the victim cannot be considered to convict the accused Nos.1

and 2 for the offence punishable under Section 302 of the

Indian Penal Code, the fact remains that the victim gave birth

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

to two female mentally retarded children. It is the specific case

of the prosecution that accused No.3/husband of the deceased,

on the day of the incident, when he came to the house, the

deceased asked him money to maintain the house. Accused

No.3 picked up quarrel with the deceased, asked her to go for

coolie and earn to maintain the house, assaulted on the

stomach and back of the deceased. The said aspect is proved

by the statement of the victim and other witnesses.

19. The evidence of P.Ws.6, 7 and 9 clearly depicts the

constant harassment and cruelty by accused Nos.1 and 2 and

the assault made by accused No.3. Thereby, the prosecution

has proved beyond reasonable doubt that the accused Nos.1, 2

and 3 have committed an offence punishable under Section

498A of the Indian Penal Code. It is also deposed by the

prosecution witnesses that accused Nos.1 and 2 used to harass

the deceased mentally and physically saying that she has given

birth to two female mentally retarded children and accused

No.3 used to assault the deceased. Thereby, the prosecution

has proved that accused Nos.1 and 2 have committed an

offence punishable under Section 504 of the Indian Penal Code

- 20 -

CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

and accused No.3 has committed an offence punishable under

Section 323 of the Indian Penal Code.

20. Considering the entire material on record, we are of the

considered opinion that the prosecution has failed to prove the

homicidal death of Hemalatha. As deposed by P.W.19-Doctor it

is a suicidal death. Thereby, the prosecution has filed to prove

the commission of offence punishable under Section 302 r/w

Section 34 of the Indian Penal Code, by accused Nos.1 and 2.

21. On consideration of the entire material on record, it is

clear from the evidence of P.Ws.6, 7, 9 that accused Nos.1 and

2 used to constantly harass and used to give mental and

physical torture to the deceased on the ground that she gave

birth to two mentally retarded female children. Unfortunately,

the husband-accused No.3 who is duty bound to protect his

wife has assaulted her by kicking on her stomach and back.

22. For the reasons stated above, the first point raised for

consideration is answered in the negative holding that the Trial

Court is not justified in acquitting accused Nos.1 to 3 for the

offences punishable under Sections 498A, 323 and 504 r/w

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

Section 34 of the Indian Penal Code. The second point is

answered in the negative holding that the prosecution failed to

prove that accused Nos.1 and 2 have committed an offence

punishable under Section 302 r/w Section 34 of the Indian

Penal Code.

23. It is clear from the material on record that accused Nos.1

and 3 were arrested on 30.11.2012 and accused No.2 was

arrested on 06.10.2013 and accused Nos.1 to 3 have served

imprisonment till 19.11.2014 from the date of their arrest.

24. Considering the old age of accused No.1 who is aged 70

years as on date and taking into consideration the fact that

there is no Charge against accused No.3 for the offence under

Section 302 of the Indian Penal Code and taking note of the

mitigating circumstances that the accused No.3 is having two

female children who are mentally unsound and they are

residing with accused Nos.1 to 3, and since the prosecution has

proved the charge for the offence punishable under Section

498A of the Indian Penal Code, we are of the considered

opinion that the ends of justice would be met if the accused

Nos.1 to 3 are sentenced to undergo imprisonment for a period

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

of one year and to pay fine of Rs.20,000/- (Rupees twenty

thousand only) each, for the offence punishable under Section

498A of the Indian Penal Code; Accused Nos.1 and 2 are

convicted and sentenced to pay fine of Rs.1,000/- (Rupees one

thousand only) each for the offence punishable under Section

504 of the Indian Penal Code and Accused No.3 is convicted

and sentenced to pay fine of Rs.1,000/- (Rupees one thousand

only) for the offence punishable under Section 323 of the

Indian Penal Code.

25. In view of the above, we pass the following:

ORDER

(i) The Criminal Appeals filed by the State are

allowed in part.

(ii) The judgment of acquittal dated 19.11.2014 made

in S.C.Nos.79/2013 and 174/2013 on the file of the

I Additional District and Sessions Judge, Mandya,

acquitting accused Nos.1 and 2 for the offence

punishable under Section 302 r/w Section 34 of the

Indian Penal Code is confirmed.

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

(iii) The accused Nos.1, 2 and 3 are convicted and

sentenced to undergo imprisonment for a period of

one year and to pay fine of `20,000/-(Rupees

twenty thousand only) each, in default, to undergo

imprisonment for a period of six months for the

offences punishable under Section 498A of the

Indian Penal Code.

(iv) The accused Nos.1 and 2 are convicted and

sentenced to pay fine of `1,000/- (Rupees one

thousand only) each, for the offence punishable

under Section 504 of the Indian Penal Code.

(v) The accused No.3 is convicted and sentenced to

pay fine of `1,000/-(Rupees one thousand only) for

the offence punishable under Section 323 of the

Indian Penal Code.

(vi) The accused Nos.1 and 2 are acquitted for the

offence punishable under Section 323 of the Indian

Penal Code.

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

(vii) The accused No.3 is acquitted for the offence

punishable under Section 504 of the Indian Penal

Code.

(viii) Since accused Nos.1 and 3 have already undergone

the punishment of more than three years and

accused No.2 has undergone imprisonment for one

year, all the accused persons are entitled to be

released on payment of fine amount.

(ix) Accused Nos.1 to 3 are entitled to the benefit of set

off under Section 428 Code of Criminal Procedure.

(x) The bail bonds if any, shall stand cancelled.

(xi) In view of Section 357(3) of the Code of Criminal

Procedure, out of the fine amount of `63,000/-

(Rupees sixty three thousand only), `33,000/-

(Rupees thirty three thousand only) shall be

deposited in fixed deposit for a period of five years

in the names of two female children of accused

No.3, in any Nationalized Bank, as compensation.

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CRL.A No. 763 of 2015 C/W CRL.A No. 764 of 2015

The remaining `30,000/-(Rupees thirty thousand

only) shall vest with the State Government towards

defraying expenses.

Sd/-

JUDGE

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