Case title:
Paranagouda and Another V. The State of Karnataka and Another
Date of Order:
19th October, 2023
Bench:
Hon'ble Justice S. Ravindra Bhat
Hon'ble Justice Aravind Kumar
Parties:
Petitioner: Paranagouda and Another
Respondent: The State of Karnataka and Another
SUBJECT:
It was held by the court that the dying declaration of the deceased in this case would clearly show that she had suffered a mental trauma and was unable to stand the abuse and harassment she was subjected to from the accused, which led to her suicide.
IMPORTANT PROVISIONS
Sections 498A of IPC- Husband or relative of husband of a woman subjecting her to cruelty.
Section304B of IPC- Dowry death
Section 306 of IPC- Abetment of suicide
Section 3 of Dowry Prohibition Act- Penalty for giving or taking dowry
Section 4 of Dowry Prohibition Act- Penalty for demanding dowry
OVERVIEW
- On May 16, 2010, Akkamahadevi, the third daughter of the complainant (Shri Chandappa Gooli), wed the second respondent/accused No. 1 in this case.
- On December 20, 2010, the deceased's father, Sri Chandappa Gooli, filed a complaint claiming that after two months of marriage, an additional dowry of Rs. 50,000 and 1.5 tolas of gold was requested.
- The complaint was filed under these circumstances. It was claimed that accused No. 1 and his parents (appellants) subjected his daughter to physical and psychological abuse.
- When she was unable to handle it, the daughter committed suicide by self-immolating—that is, by dousing herself in kerosene and setting fire to herself.
- She made a dying declaration on December 20, 2010, and passed away from burn injuries on December 24, 2010.
ISSUES RAISED
Whether it is possible for the accused to be found guilty of a crime for which no charges were brought, and would it have been unfair to not try to find out the truth?
JUDGEMENT ANALYSIS
- It was held by the court that the dying declaration of the deceased in this case would clearly show that she had suffered a mental trauma and was unable to stand the abuse and harassment she was subjected to from the accused, which led to her suicide.
- She was subjected to mental suffering and mocking, which ultimately drove her to self-immolate as a means of suicide.
- Given the circumstances, the court believe that even though no charges were filed, the accused are nonetheless subject to conviction for the crime covered by Section 306 of the IPC.
- The appellants are found guilty of the offences punishable under Section 306 and Section 498A read with Section 34 IPC and are sentenced to imprisonment for the time already served along with a fine of Rs. 5,000/-per offence.
- If the fine is not paid, they will be imprisoned for one month for each offence.
- They are also found not guilty of the offences punishable under Section 304B IPC and Sections 3 and 4 of the Dowry Prohibition Act.
CONCLUSION
Twenty women in India lose their lives to harassment tied to dowries every day, making dowry death a severe problem. The National Crime Records Bureau (NCRB) has reported that dowry deaths in India claim the lives of an average of one woman every hour, with a yearly total exceeding 7000.
An Indian law known as the Dowry Prohibition Act forbids the granting or receiving of dowries. The property, goods, or money presented to a married couple by their parents, other relatives, or anybody else involved in the marriage is known as the dower. On May 1, 1961, the Act was passed, and it was revised in 1984.
