Caetaninho Barreto is undergoing trial under Sections 306 (abetment to suicide), 498-A (demanding dowry) and 304-B (dowry death) of IPC, after his estranged wife Fatima committed suicide at her maternal home in Ribandar in April 2009.
On December 1, 2014, the court framed the charges against him based on a chargesheet accusing him of ill-treating his wife – a mathematics lecturer – for money since their marriage in 2008. Proceedings on their divorce petition under the Domestic Violence Act were also underway before a local magistrate.
In his submission before the High Court, defense counsel Advocate C A Ferreira argued that statements of the victim’s family do not establish that the ill-treatment was related to dowry.
Additional Public Prosecutor M Amonkar contested the defense’s submission stating that the witnesses’ statements point out that Barreto had been demanding details of his wife’s fixed deposits and salary prior to the marriage, besides also insisting on transferring the fixed deposit receipts in his name. “…if prima facie material is considered in conjunction with the allegations of ill-treatment, it would be sufficient to hold that there are sufficient grounds for proceedings as required under Section 227 of the Criminal Procedure Code,” the APP stated.
The court, on hearing the arguments, observed that the case does not have any evidence in the form of statement or dying declaration of the deceased except for deposition of the victim’s father and elder brother.
The court, dismissing the application, mentioned the observations are prima facie and the sessions judge would not be influenced by it.
