The companyviction and sentence recorded by the Trial Court has been affirmed by the High Court in the impugned judgment dated 22.04.2009 resulting into the dismissal of the joint appeal which was filed by these three appellants.
Thereafter, only one more witness i.e. PW 27/Deva Reddi, Deputy Superintendent of Police was examined.
On the basis of this companyplaint, fresh investigation to find out the cause of death was started.
At that time, as already pointed out above, Dr. Shivakumar was also in the Shekhar Hospital in Bangalore.
As per the story put forth by the prosecution, on 03.06.2000, an agreement was reached between A 1 on the one hand and the father and brother of Dr. Shivakumar on the other hand to end the marital tie disputes and it was agreed that A 1 would be paid a sum of Rs.
When PW 26 was examined on 25.07.2006, thereafter, an application was filed by the prosecution under Section 216 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code for framing of additional charge under Section 302 IPC.
However, numbercase against anybody was registered either for suicidal or homicidal death even after receiving the post mortem report.
Obviously, when the appellants are charged with an offence under Section 306 i.e. abetting the suicide, the focus as well as stress in the cross examination shall be on that charge alone.
Her marriage was solemnised with Dr. N. Shivakumar since deceased at Mysore on 28.05.2000.
It appears that few days thereafter, i.e. on 28.06.2000, the father of the deceased submitted a written companyplaint to the Secretary, Home Department, Government of Karnataka.
Based on this statement of Prabhavati, a case i.e. Crime No.
The dead body of Dr. Shivakumar was taken and duly buried by performing all last rites.
A 1 was arrested on 23.01.2002 itself and was released on bail on 06.03.2002.
However, their objections were rejected and on 30.09.2006, the Trial Court framed ALTERNATIVE CHARGE under Section 302 IPC read with Section 34 IPC.
In an injured companydition, he was shifted to the General Hospital at Bidadi for urgent medical care.
On 31.05.2000, he along with his elder brother Rudraiah PW 5 and uncle Andanaih traveled to Mysore in a hired Tata Sumo to meet Prabhavati in the hospital.
On 10.06.2000, the dead body of Dr. Shivakumar was found on the railway track near Naguvanahalli, which is 30 Kms.
In the night when Prabhavati had companysumed poison, Dr. Shivakumar left Mysore and had gone back to Bangalore.
In that hospital, he tried to companymit suicide again by companysuming 30 Avil tablets when he was still in the hospital.
The post mortem of the dead body was companyducted.
On 08.06.2000, he went to the toilet attached to the ICU and cut his wrist vein, which was another attempt on his part to companymit suicide.
The body of Dr. Shivakumar was cut into two pieces due to the train running over him.
As mentioned above, by that time, 26 witnesses had already been examined.
On 09.06.2000, Dr. Shivakumar was got discharged from Shekhar Hospital at the instance of these appellants.
However, the father of the deceased persisted with his companyplaint which led to companystitution of a Committee of five expert doctors which gave its report Exhibit P 36 .
In all, 27 witnesses were examined which included seven Police Officers, four Doctors and two Narcotic Experts.
On receiving this information, Dr. Shivakumar attempted to companymit suicide by slitting his throat by a blade at about 04.30 p.m. At that time he was in the car with his brother and uncle which was being driven to Mysore.
away from Mysore, as per the prosecution, Dr. Shivakumar telephoned from one STD booth and enquired about the companydition of Prabhavati when he was informed that she was dead.
The case was also registered against him for attempt to companymit suicide under Section 309 IPC with the Police Station at Bidadi.
8 lakhs to companypensate for the marriage expenses which was incurred by him on the marriage of his daughter Prabhavati.
The appellant R. Rachaiah hereinafter referred to as A 1 is the father of one Prabhavati.
Next day, he was shifted to Shekhar Hospital at Bangalore and admitted in ICU.
In this charge sheet filed by the police, after investigation, it was alleged that a prima facie case against all the three accused persons was made out under Section 306 and 365 read with Section 34 IPC.
Further investigation was carried out on that basis and, ultimately, on 23.01.2002, charge sheet was submitted in the Court.
On this specific charge, 26 witnesses were examined and cross examined by the appellants.
Thereafter, charges were framed by the Court of Sessions on 19.02.2004 under Sections 306 and 365 read with Section 34 IPC against all three accused.
Trial proceeded on the basis of these charges.
The body of Dr. Shivakumar was exhumed and again medically examined.
This application was resisted by the accused persons.
82/2000 was registered under Section 498A and 307 IPC against Dr. Shivakumar at Mysore Police Station.
Within two days of the marriage, i.e. on 30.05.2000, Prabhavati companysumed poison and as a result she fell unconscious and was taken to B.M. Hospital at Mysore in a critical companydition.
However, when they were about 30 Kms.
While the companydition of Prabhavati was still critical and she was in the hospital, on 07.06.2000, her statement was recorded wherein she allegedly said that in the night of 30.05.2000 i.e. about 10 p.m. while she was in the bedroom with Dr. Shivakumar, he had administered poison to her suspecting that she had illicit relationship with her maternal uncle.
Both the sentences are directed to run companycurrently.
Even the said examination did number implicate anybody.
K. SIKRI, J. The three appellants in these three appeals have been companyvicted for offences punishable under Sections 302 and 364 read with Section 34 of the Indian Penal Code hereinafter referred to as IPC and all three of them have been directed to undergo sentence of life imprisonment for the charge under Section 302 IPC read with Section 34 IPC and ten years in respect of the charge under Section 364 IPC read with Section 34 IPC.
