9911796707
|
Home
Issues Involved:
1. Acquittal of the respondent by the High Court. 2. Allegations of murder, dowry demands, and ill-treatment. 3. Reliability of prosecution witnesses. 4. Medical evidence and cause of death. 5. Inconsistencies in the prosecution's case. 6. Evaluation of motive and circumstantial evidence. 7. Appellate court's review of lower court's acquittal. Issue-wise Detailed Analysis: 1. Acquittal of the respondent by the High Court: The State of Karnataka appealed against the High Court's judgment which acquitted the respondent of charges under Sections 302, 201, and 498A IPC, and alternatively under Section 304B IPC. The High Court had set aside the Sessions Judge's conviction and sentencing of the respondent for life imprisonment under Section 302 IPC, two years rigorous imprisonment under Section 201 IPC, and two years rigorous imprisonment under Section 498A IPC. 2. Allegations of murder, dowry demands, and ill-treatment: The prosecution alleged that on 22nd November 1993, the respondent strangulated his wife Veena and set her and their infant child on fire. The respondent reported the incident as an accidental fire, but the post-mortem revealed that Veena died of throttling. The prosecution presented evidence that the respondent had been pressing Veena for money from her mother, leading to ill-treatment and ultimately, the alleged murder. 3. Reliability of prosecution witnesses: The High Court found the prosecution witnesses unreliable due to inconsistencies in their testimonies regarding the exact amount of money demanded by the respondent. However, the Supreme Court found this approach unreasonable, noting that the respondent's demands varied over time, and the consistent evidence of ill-treatment from multiple witnesses, including family members and friends, should not have been dismissed. 4. Medical evidence and cause of death: The High Court rejected the medical evidence provided by Dr. Munyyal (PW6), who conducted the post-mortem and concluded that Veena died of asphyxia due to throttling, with post-mortem burns. The Supreme Court criticized the High Court for misreading the doctor's testimony and ignoring crucial findings such as the fracture of the hyoid bone and the absence of carbon particles in the trachea and bronchus, which indicated that Veena was dead before being set on fire. 5. Inconsistencies in the prosecution's case: The High Court noted discrepancies in the prosecution's case, such as the absence of neighbors from Gundlepet as witnesses and the lack of mention of ill-treatment in a letter from Veena to her husband. The Supreme Court found these reasons insufficient to reject the prosecution's case, emphasizing that the evidence of ill-treatment was consistent and corroborated by multiple witnesses. 6. Evaluation of motive and circumstantial evidence: The High Court dismissed the motive for the crime, citing inconsistent testimonies about the amount of money demanded. The Supreme Court disagreed, stating that the evidence of demands and ill-treatment was credible and supported by multiple witnesses. The Supreme Court also found the High Court's dismissal of the medical evidence and the doctor's findings to be flawed and unreasonable. 7. Appellate court's review of lower court's acquittal: The Supreme Court emphasized that while appellate courts generally do not overturn acquittals lightly, they can do so if the lower court's findings are unreasonable, perverse, or based on a misreading of evidence. The Supreme Court found the High Court's acquittal of the respondent to be unjustified, misreading evidence, and ignoring crucial findings. Therefore, the Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the Trial Court's conviction and sentencing of the respondent. Conclusion: The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the Trial Court's judgment and order. The respondent was ordered to be taken into custody to serve the remainder of his sentence, and his bail bonds were canceled.
|
