NDLI: Mahadevappa Vs. State of Karnataka Rep. By Public Prosecutor

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Dowry death IPC s.498A r/w s.302 plausible explanation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s.498A r/w s.302 – Dowry death – Death by burn injuries – Prosecution case was that the appellant-husband poured kerosene on his wife and set her on fire which resulted in her death – Trial court held that prosecution was not able to prove the charge of demand of dowry against the appellant and also that the deceased suffered homicidal death and ordered his acquittal – High Court reversed the order of acquittal and convicted the appellant under ss.498A and 302 – Appeal against conviction – Held: The evidence of the four prosecution witnesses clearly proved that the appellant was addicted to consuming liquor – He used to demand money from the deceased and her parents quite often and also at times used to ill-treat and assault the deceased – There was no reason to discard the evidence of the parents of the deceased who were the most natural and material witnesses to speak on such issues – In such circumstances, the daughter - a newly married girl would always like to first disclose her domestic problems to her mother and father and then to her close relatives because they have access to her and are always helpful in solving her problems – The acts and the behavior of the appellant (husband) towards his wife soon after their marriage which eventually culminated in her death within seven years from the date of their marriage squarely fell within the meaning of s.498-A Explanations (a) and (b) of IPC – Further, it was a case of homicidal death and not a case of accidental death – Appellant was the only person present at the time of incident in the house with the deceased – The explanation by the appellant that the deceased’s sari accidentally caught fire when she was boiling the water on the oven was not convincing – In the absence of any plausible explanation given by the appellant and the circumstances, the manner in which the incident occurred and material seized from the room i.e. kerosene oil bottle, it was proved beyond reasonable doubt that the appellant was responsible for causing death of the deceased – Evidence of four prosecution witnesses fully proved the case of the prosecution – Interference with the order of conviction not called for – Crime against women.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 15
Petitioner	Mahadevappa
Respondent	State Of Karnataka Rep. By Public Prosecutor
SCR	[2019] 1 S.C.R. 39
Judgement Date	2019-01-07
Case Number	1261

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