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REPORTABLE

       IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL Nos. 1496 of 2013

STATE OF KARNATAKA                               ...APPELLANT(S)                                 VERSUS

SRINIVASA                               ...RESPONDENT(S)                             

                          J U D G M E N T

R. BANUMATHI,J.

1. The appeal by the State of Karnataka is against

the acquittal of respondent-accused under section 302

IPC  

2. Case  of  the  prosecution  is  that  A-1  was

allegedly  having  illicit  relationship  with  second

accused (since dead). On account of which there was

alteration between A-1 (respondent) and the deceased

Rajashree (wife) and the accused no. 1 is alleged to

have strangulated the deceased to death. Relying upon

the medical evidence (PW-7) and the evidence of PW-8

(father of the deceased), the trial Court convicted

respondent  no.1  under  section  302  IPC  and  also

sentenced him to undergo life imprisonment.

3. Insofar as the second accused, the trial court

convicted her under Section 201 IPC and sentenced her

to  undergo  three  years  imprisonment.  (Since  accused

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no. 2 – Padmavathi is dead, Criminal Appeal No. 1497

of 2013  of  accused no. 2 – Padmavathi has already

been abated vide Court’s order dated 03.05.2016).

4. A-1  was  running  a  power  loom  on  the  ground

floor of his house and the first floor was used for

his residence. The second accused was employed in the

power loom and was residing in the second floor. PW-8

and PW-9 (father and mother of the deceased)  have

spoken about illicit relationship of A-1 and A-2 and

that  illicit  relationship  led  to  frequent  quarrel

between A-1 and the deceased- Rajashree. PW-5 opened

the door and found that the deceased hanging with the

telephone  cable  wire.  On  the  date  of  occurrence  –

05.01.2001  at  about  4.30  p.m.  the  informant-  P.W-8

(father of the deceased) got the information that the

deceased committed suicide. On the date of occurrence

05.01.2001  the  deceased  was  found  dead  by  hanging.

Based on the medical evidence and the evidence adduced

by  the  prosecution,  the  trial  court  convicted  the

accused.

5. The High Court acquitted the accused mainly on

the basis of evidence of PW-7 (Doctor) who conducted

the  post-mortem.  In  the  cross  examination,  PW-7

(Doctor) has stated that it could be a case of suicide

as the ligature mark was not found on the neck. The

High Court in extenso referred to the evidence of PW-7

who stated that the ligature mark is anti-mortem in

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nature  and  that  if  the  death  is  caused  by

strangulation and the body if put in hanging posture

there is every possibility of another ligature mark

around the neck. The P.M. report does not disclose the

presence of ligature mark around the neck. Based on

the evidence of PW-7 (Doctor), the High Court arrived

at  conclusion  that  the  “medical  evidence  does  not

conclusively establish that it is a case of homicidal

death” and that the accused is entitled to benefit of

doubt.

6. Learned  counsel  appearing  for  the  State  of

Karnataka  though  made  elaborate  submissions  on  the

evidence of PW-8 and PW-9 -parents of the deceased and

also  the  medical  evidence,  we  are  unable  to

countenance the submissions. When the doctor has given

opinion that the suicide cannot be ruled out and the

death of the deceased could have been due to suicide

which was accepted by the High Court; when the High

Court has a view which is a plausible view,  we find

no  good  ground  to  take  a  different  view.  After

appreciating the oral evidence and medical evidence,

the  High  Court  acquitted  the  accused.  In  view  of

above,  we  do  not  find  any  compelling  reason  or

substantial  ground  to  interfere  with  the  order  of

acquittal.

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7. The appeal is, accordingly, dismissed.

….......................J. [ R. BANUMATHI]

…......................J. [VINEET SARAN]

NEW DELHI 14TH AUGUST, 2018