LexM.NARAYAN versus STATE OF KARNATAKA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B c [2015] 4 S.C.R. 226 M.NARAYAN v. STATE OF KARNATAKA (Criminal Appeal No.1207 of 2012) APRIL 17, 2015 [T.S. THAKUR AND AMITAVA ROY, JJ.] Penal Code, 1860 - ss. 498A, 304 8 - Dowry Prohibition Act, 1961 - ss. 3, 4, 6 - Death of wife by hanging from the roof - Occurrence of incident barely two years after her marriage with the appellant-husband - Death in suspicious o circumstances re/atable to the constant demand for dowry and harassment and ill-treatment unleashed on her - Acquittal by trial court- However, reversal of order of acquittal by High Court - Conviction and sentence of appellant- husband for commission of offences u!ss. 498A and 3048 E and ss. 3, 4, 6 of the 1961 Act- On appeal, held: Prosecution had been able to prove the culpability of the appellant vis-a- vis the charges beyond any reasonable doubt- Progression of events from before the marriage till the unnatural death of the hapless victim, provides an inseverable link inter se as F a/so clearly demonstrates the buildup of the intolerable mental and physical torture on her, driving her to take refuge of such a drastic step - Evidence of the prosecution witnesses in this regard is coherent, consistent and compact G - Thus, the order passed by the High Court is upheld - Evidence Act, 1872 - ss. 113A and 1138. Dismissing the appeal, the Court HELD: 1.1 The material witnesses PWs-2, 3, 4 and H 226 M. NARAYAN v. STATE OF KARNATAKA 227 10 do prove beyond reasonable doubt that the deceased A had been subjected to continuous harassment, assaults and intimidation from a few months after the marriage, so much so that being unable to bear the unbearable cruelty, she did take the extreme step of eliminating herself to seek alleviation from such physical and mental B torture. PWs-2, 3 and 10, in particular, are the relations of both sides and, therefore, in the absence of any overwhelming material on records to the contrary, there is no reason whatsoever to disbelieve their versions c encompassing the progression of events from before the marriage till the unfortunate end of the deceased. The demand for dowry originated from before the marriage and against a 'claim' of Rs.40,000/- and j3wellery, the family of the deceased could garner Rs.25,000/- by way o of cash. Jewellery to the extent possible was also given. This demand for dowry having its roots from before the marriage, as the incidents thereafter as narrated by PWs- 2, 3 and 10 as disclosed to them by the deceased and also witnesses to some of those demonstrate, assumed E virulent proportions culminating in the pathetic death of the deceased. The gravamen of the testimony of PWs-2, 3 and 10 bearing on the essential facts constituting the ingredients of the offences with which the appellant had been charged has remained unshaken in their cross- F examination. Minor and stray inconsistencies in their narration, does not destroy the substratum of their version which otherwise do wholly furnish the required materials to constitute the pre-requisites for the offences G under Sections 3048, 498A and Sections 3 and 4 of the Act. The view the trial court, having regard to the gamut of the evidence adduced by the prosecution, is not a possible one. On the other hand, the conclusion reached by the appellate court is the only possible deduction in H 228 SUPREME COURT REPORTS [2015] 4 S.C.R. A the attendant facts and circumstances. [Para 19) [239- 8-H; 240-A-8) 1.2 Having regard to avowed objective of the Act along with the purpose of incorporation of Section 498A B and 3048, IPC, along with Sections 113A and 1138 of the Evidence Act, the view so expressed is concurred with. [Para 28) [244-8) 1.3 On a cumulative consideration of the relevant c aspects, factual and legal, the unhesitant opinion is that the prosecution had been able to prove the culpability of the appellant vis-a-vis the charges beyond any reasonable doubt. The progression of events from before the marriage till the unnatural death of the hapless D deceased, not only provides an inseverable link inter se but also unambiguously demonstrates the buildup of the intolerable mental and physical torture on her, driving her to take refuge of such a drastic step. The evidence of the prosecution witnesses in this regard is evidently E coherent, consistent and compact. There is nothing supervening to suggest that she did suffer from any mental imbalance or eccentricity so a
Excerpt shown. Read the full judgment & AI analysis in Lexace.