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Facts
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context
He has also deposed that it was after about 1-1/2 years of marriage that Bhimabai first complained to him about the harassment being caused to her
Facts
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There used to be some bickering in the marital life of Bhimabai and her husband on trifling matters
Facts
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He has admitted that it was appellant no
Facts
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1 who had sent a person on motorcycle who had given information regarding Bhimabai being unwell and that both the appellants were present at the time of her funeral
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PW.2 Babaji is real brother of father-in-law of PW.1 Tukaram
Facts
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He has deposed that on an earlier occasion he had gone along with PW.1 and some others to the house of appellant no.1 to persuade him not to harass Bhimabai and to treat her well
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In his cross- examination he has admitted that when he had gone to village Palshi to talk with the appellants regarding the ill-treatment being meted out to Bhimabai, there was no talk regarding monetary giving and taking
Facts
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He also admitted that he had not gone to attend that funeral of Bhimabai
Facts
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PW.5 Sumanbai is the mother of the deceased Bhimabai
Facts
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She has stated in her examination-in-chief that Bhimabai was being ill-treated by the appellants and the reason for ill-treatment was that they were demanding money to be brought from her parental home
Facts
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The last time Bhimabai visited her parental home was on the occasion of the festival of Nag Panchami and she had complained that she was being ill-treated and was sometimes given beating for bringing money from her parents
Facts
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She has specifically stated that for a period of six months after the marriage, Bhimabai was treated well and thereafter she had started complaining about the harassment being caused to her
Facts
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In her cross-examination, PW.5 Sumanbai has stated that after news about the condition of Bhimabai was given by a man from village Palshi, she along with her husband and some other relations went there and noticed that Bhimabai was lying dead in the house and froth was coming out of her mouth
Facts
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She has further stated that she did not make any enquiry as to how Bhimabai had died
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In her statement under Section 161 Cr
Facts
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P.C. which was recorded very next day of the incident i.e. on 16 September 1991 she did not state that cause of ill-treatment was "a demand for money and a consequent beating
Facts
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When confronted with her aforesaid statement under Section 161 Cr
Facts
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P.C
Ratio of the decision
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she replied that she did not know why there was no mention in the said statement that the cause for ill-treatment was "a demand for money and a consequent beating
Facts
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She further stated that it will be correct to say that her daughter was receiving ill-treatment as a result of "domestic cause
Facts
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The learned trial Judge then sought clarification from the witnesses by putting the following question
Facts
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Que
Facts
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What do you mean by "domestic cause
Facts
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Ans
Facts
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What I meant was that there was demand for money for defraying expenses of manure etc
Facts
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and that was the cause
Facts
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In the very next paragraph she stated as under :- "It is not true to suggest that in my statement before the police I never said that ill-treatment was as a result of demand for money from us and its fulfillment
Facts
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I cannot assign any reason why police did not write about it in my statement
Facts
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3 Sandu, Police Patil of village Palshi has deposed that at about 4.20 p.m. on 15 September 1991, Narayan who is uncle of appellant no.1, Appasaheb, informed him that the wife of Appasaheb had expired
Facts
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He then went to the house of the appellant and saw Bhimabai lying with froth coming out of her mouth
Facts
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Thereafter, he gave a report about the incident in writing at the police station
Facts
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In his cross-examination, he admitted that he did not make detailed enquiries as to what was the cause of death and where the incident had taken place
Facts
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He has further deposed that Bhimabai had come to his house about six months earlier and had said all was not well between her and her husband, but she had not given any specific details
Facts
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The main witnesses regarding the alleged demand of money and also harassment and beating to Bhimabai are her father and mother, viz
Ratio of the decision
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PW.1 Tukaram and PW.5 Sumanbai
Ratio of the decision
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In his examination-in-chief PW.1 has said that whenever his daughter came to her parental home, she used to complain that she was being subjected to harassment by the appellants on account of some "domestic reasons" and further that her husband (appellant no.1) had told her that while coming back from her parental home she should bring Rs
Ratio of the decision
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1,000-1,200 for expenses and for manure as he had no sufficient money
Ratio of the decision
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PW.5 Sumanbai has deposed that Bhimabai was receiving ill-treatment as a result of "domestic cause" and to a specific question put by the Court as to what she meant by "domestic cause" she gave a reply that there was a demand for money for defraying expenses of manure etc
Ratio of the decision
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It is important to note that in her statement under Section 161 Cr
Ratio of the decision
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P.C. which was recorded on the very next day of the death of Bhimabai, this witness did not state that the cause for ill-treatment was "a demand for money and a consequent beating
Ratio of the decision
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The evidence on record does not indicate that the police had any reason to favour the accused and deliberately omitted to mention about the alleged demand of money while recording the statement of PW.5 Sumanbai under Section 161 Cr
Ratio of the decision
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The evidence shows that the accused come from very humble background and they could not have exerted any kind of influence, financial or otherwise, upon the police so as to manage a statement favourable to them when in the course of investigation the statements of witnesses were being recorded under Section 161 Cr
Ratio of the decision
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Accepting the statements of father and mother on their face value that utmost which can be held is that the appellant no.1 had asked his wife Bhimabai to bring money for meeting domestic expenses and for purchasing manure
Ratio of the decision
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Two essential ingredient of Section 304-B IPC, apart from others, are (i) death of women is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, and (ii) women is subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for "dowry
Statute
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The explanation appended to sub-section (1) of Section 304-B IPC says that "dowry" shall have the same meaning as in Section 2 of Dowry Prohibition Act, 1961
Statute
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Section 2 of Dowry Prohibition Act reads as under :- "2. Definition of "dowry" - In this Act "dowry" means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dowry or mahr in the case of persons to whom the Muslim Personal Law (shariat) applies
Statute
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In view of the aforesaid definition of the word "dowry" any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties
Ratio of the decision
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Therefore, the giving or taking of property or valuable security must have some connection with the marriage of the parties and a correlation between the giving or taking of property or valuable security with the marriage of the parties is essential
Ratio of the decision
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Being a penal provision it has to be strictly construed
Ratio of the decision
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Dowry is a fairly well known social custom or practice in India
Ratio of the decision
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It is well settled principle of interpretation of Statute that if the Act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that trade, business or transaction knows or understands to have a particular meaning in it, then the words are to be construed as having that particular meaning
Ratio of the decision
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See Union of India v. Garware Nylons Ltd., AIR (1996
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SC 3509 1996 Indlaw SC 2404 and Chemicals and Fibres of India v. Union of India, AIR (1997
Ratio of the decision
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SC 558 1991 Indlaw SC 861
Ratio of the decision
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A demand for money on account of some financial stringency or for meeting some urgent domestic expenses of for purchasing manure cannot be termed as a demand for dowry as the said word is normally understood
Ratio of the decision
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The evidence adduced by the prosecution does not, therefore, show that any demand for "dowry" as defined in Section 2 of the Dowry Prohibition Act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure
Ratio of the decision
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Since an essential ingredient of Section 304-B IPC viz
Ratio of the decision
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demand for dowry is not established, the conviction of the appellants cannot be sustained
Ratio of the decision
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Learned counsel for the appellants has also submitted that there is absolutely no evidence either direct or circumstantial to show that Bhimabai committed suicide
Argument
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He has submitted that the insecticide Thimet is extensively used by the farmers for preservation of crop and is kept stored in their houses and it could be a case where Thimet accidentally got mixed with some food item and was consumed by Bhaimabai
Argument
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It has thus been submitted that no offence under Section 306 IPC is made out against the appellants
Argument
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We do not consider it necessary to examine this question
Ratio of the decision
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As already stated, the appellants were also charged under Sections 498-A and 306 read with Section 34 IPC but were acquitted of the said charges by the learned Sessions Judge, which order has attained finality for the reason that the State did not prefer appeal against the same
Ratio of the decision
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The appeal before the High Court and also in this Court has been preferred by the appellants challenging their conviction under section 304-B read with section 34 IPC
Ratio of the decision
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It has been held in State of Andhra Pradesh v. Thadi Narayan, AIR (1962
Precedent
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SC 240 1961 Indlaw SC 171 that Section 423(1)(b)(i) of Code of Criminal Procedure, 1898 (which corresponds to Section 386(b)(i) of Code of Criminal Procedure, 1973) is clearly confined to cases of appeals preferred against orders of conviction and sentence, the powers conferred by this clause cannot be exercised for the purpose of reversing an order of acquittal passed in favour of a party in respect of an offence charged, in dealing with an appeal preferred by him against the order of conviction in respect of another offence charged and found proved
Precedent
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Therefore, we have refrained from expressing any opinion as to whether the appellants could be held guilty of having committed the offence under Section 498-A or 306 IPC on the basis of evidence available on record as their acquittal under the aforesaid charges has attained finality and cannot be reversed in the appeal filed by the appellants challenging their conviction under Section 304-B IPC
Ratio of the decision
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In view of the discussion made above, the appeal is allowed
Ruling by Present Court
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The judgment and order dated 23 February 2005 of the High Court and the judgment and order dated 04 January 1993 of the learned Sessions Judge convicting the appellants under Section 304-B IPC are set aside and the appellants are acquitted of the said charge
Ruling by Present Court
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The appellant no.1 is in custody
Ruling by Present Court
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He shall be released forthwith unless wanted in some other case
Ruling by Present Court
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The appellant no. 2 is on bail
Ruling by Present Court
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The sureties and bail bonds furnished by her are discharged
Ruling by Present Court
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Appeal allowed
Ruling by Present Court
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The appellant is a trust which wanted to establish a self-financing Engineering College and submitted an application during 1994-95 to the University of Kerala as well as to All India Council for Technical Education (hereinafter called the 'AICTE
Facts
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There was an inspection by a team of Professors of the University and it recommended favourably when it stated that the facilities provided by the appellant would be sufficient for establish-ing an Engineering College
Facts
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The AICTE sent a communication on 30.4.1995 stating that on the basis of the observations made by the Expert Committee and the recommendations made by the Central Regional Committee,State Level Committee and Central Task Force as per the provisions of the AICTE regulation dated 30.1.1994,the AICTE was granting conditional approval for establishing an Engineering and Technical College
Facts
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The abovesaid approval was subject to the fulfilment of specific conditions mentioned in Annexure I and the general conditions mentioned in Annexure II to the said letter
Facts
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In the event of contravention of the conditions,guidelines,norms and regula-tions of the AICTE,the AICTE could withdraw the approval at any time
Facts
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Under the impression that the State Govt.was to grant permission,the appellant requested the State Government by letter dated 24.6.1995 for permission to start the college
Facts
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Meanwhile,the Mahatama Gandhi University by their letter dated 31.5.1995 forwarded to the Government a list of Colleges and Courses for affiliation during the academic year 1995-96.The appellant's college was shown as one of the colleges among the affiliated colleges for the said period
Facts
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The appellant sent a reminder to the Government on 26.8.1995 for permission for starting the college for the academic year 1995-96 and ultimately the Government refused permission by informing the appellant by a letter dated 16.8.1996 as follows :
Facts
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In inviting your attention to the reference cited,I am to inform you that Government regret their inability to comply with your request
Facts
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Thereafter,the appellant filed writ petition O.P.No.4612 of 1996 for quashing the said order and for a direction to sanction and establish an Engineering College
Facts
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The learned Single Judge of the High Court by his judgment dated 14.1.1997 allowed the writ petition,quashed the above-said order of the government dated 16.8.1996 and directed the Mahatama Gandhi University to consider the appellant's application for permanent affiliation without reference to the above letter of the Government and pass appropriate order within 8 weeks from the date of the receipt of a copy of the judgment
Facts
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The direction to pass a fresh order of affiliation was issued in view of the fact that the University contended before the learned Single Judge that unless the Government granted approval,permanent affiliation could not be granted
Facts
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The Government was also directed to reconsider its decision
Facts
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Against the said judgment of the learned Single Judge the Commis-sioner and Secretary of the Government (Higher Education Department) filed Writ Appeal No.1024 of 1997.The Division Bench of the High Court allowed the appeal and set aside the order of the Government and dismissed the writ petition
Facts
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The Division Bench,however,observed that the appellant was at liberty to make a fresh application to the Government of Kerala for according sanction for setting up the Engineering College or to request the Government to consider the earlier application,for a future academic year
Facts
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It is against the abovesaid judgment of the Division Bench that this appeal has been preferred
Facts
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Learned senior counsel for the appellant
Argument
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Sri T.L.Vishwanatha
Argument
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Iyer contended that the Division Bench erred in reversing the well considered judgment of the learned Single Judge and according to him after the coming into force of the AICTE Act,1987,the statutes conferring power on the State or University to the extent they were inconsistent with the Central Act were void
Argument
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In so far as institutions imparting technical education were concerned,the University or the State Government had no independent role to play except to the extent provided in the above said enactment,in the present case,the AICTE had made inspections and was satisfied that the necessary infrastructure was available and that the appellant would be able to conform to the required standards of the education
Argument
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The AICTE had consulted the State of Kerala as well as the Mahatama Gandhi University
Argument
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The University had granted conditional approval,as stated earlier
Argument
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Therefore the AICTE consti-tuted a Task Force and obtained its opinion and thereafter granted its approval on 13.11.1995 subject to various conditions
Argument
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According to the learned senior counsel it was indeed not necessary for the appellant to have applied to the State Government for any further sanction to establish the college
Argument
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It might be that under the relevant statutes of the University,the University was required to obtain the "views" of the State Government but that did not amount to requiring any approval of the State Government and indeed if any such statute required the approval of the state Government,it would be void in view of what was stated by this Court in State of Tamil Nadu
Argument
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