Karnataka HC Sets Aside Murder-Charge Addition In Woman’s Death Case, But Allows Trial Court To Reconsider If Medical Evidence Supports It

The petitioners challenged the Sessions Court’s order allowing the prosecution’s application under Section 216 of the Code of Criminal Procedure, 1973 (CrPC), to add charges under Sections 302 and 304B read with Section 34 of the Indian Penal Code (IPC), and Sections 3 and 4 of the Dowry Prohibition Act.

The original charges were under Sections 306 and 201 read with Section 34 IPC.

The prosecution relied, among other matters, on evidence from PW1 and PW2 concerning dowry demands and payment, and on allegations that the deceased’s body had been moved and found in a canal.

The petitioners disputed the basis for the additional charges, particularly the charge under Section 302 IPC.

Section 216 CrPC empowers a court to alter or add a charge before judgment.

The proposed charges concerned Sections 302, 304B, 306 and 201 IPC, read where applicable with Section 34 IPC, and Sections 3 and 4 of the Dowry Prohibition Act.

In considering whether the proposed charges could proceed, the Court assessed whether the material then available disclosed a prima facie basis for them; the ultimate merits of the evidence remained for the trial court.

The judgment cited no precedents.

The Court found no prima facie basis on the material then considered to add a charge under Section 302 IPC: the medical evidence had not yet been given, the post-mortem report recorded a ligature mark, and the trial court had not adequately discussed the basis for that charge.

By contrast, PW1 and PW2 had testified about dowry demands and payment, and their evidence had not yet been tested by cross-examination.

Whether the death was a dowry death and whether their evidence would withstand cross-examination were matters for trial; the Court therefore did not interfere with the Section 304B charge at that stage.

The order adding a charge under Section 302 IPC was set aside, subject to the trial court’s liberty to reconsider that charge after the medical evidence of CW30 is examined and the defence is given an opportunity to be heard.

The Section 304B IPC charge was left for determination on the evidence at trial.