State of Karnataka By Gandhinagar P. S. vs. M.N. Basavaraja & Ors. (SC)

Penal Code, 1860–Secs. 304B & 302–Acquittal from the offence u/s. 302 without trying the case u/s. 304-B–All the ingredients for framing of a charge u/s. 304B were present but the charge was not framed–Sessions Court did not apply the judicial mind while framing the charge u/s. 302–Contents of police report revealed the suicidal death but this fact was overlooked–High Court also failed to address the problem in proper prospective–Dead body was found in the house where the deceased and respondent no. 1 were residing–He was under obligation to explain the circumstances under which the deceased died–Family witnesses of deceased cannot be treated the interested witnesses–PW 12 specifically stated that six days prior to death, first respondent gave the beating to her for failure to meet his demand to bring Rs. 50,000/- or to get a job for him–An opportunity is required to be extended as part of the assurance of a fair trial and reasonableness of the processs established by the law the first respondent to rebut the presumption of dowry death–Matter is remanded back to the Trial Court to proceed with the trial from the stage of defence evidence–Trial Court shall be free to decide the sentence to be imposed on the first respondent for the conviction recorded by the High Court in respect of the offence u/s. 498-A.