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Supreme Court of India
K.S. RADHAKRISHNAN & PINAKI CHANDRA GHOSE, JJ.
Pinakin Mahipatray Rawal
Versus
State of Gujarat
Criminal Appeal No.811 of 2004
Decided On : 09-09-2013
Indian Penal Code, 1860- Section 306-Abetment of suicide- Harassment, of course, need not be in the form of physical assault and even mental harassment also would come within the purview of Section 498A IPC. Mental cruelty, of course, varies from person to person, depending upon the intensity and the degree of endurance, some may meet with courage and some others suffer in silence, to some it may be unbearable and a weak person may think of ending one’s life. We, on facts, found that the alleged extra marital relationship was not of such a nature as to drive the wife to commit suicide or that A-1 had ever intended or acted in such a manner which under normal circumstances, would drive the wife to commit suicide. (Para 22)
To constitute an offence under Section 306, the prosecution has to establish that a person has committed suicide and the suicide was abetted by the accused. Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide. (Para 26)
Indian Penal Code, 1860- Section 498A-Husband of a woman subjecting her to cruelty- "extra-marital relationship" of such a degree which may amount to "cruelty" - Cruelty includes both physical and mental cruelty for the purpose of Section 498A. (Para 19)
The mere fact that the husband has developed some intimacy with another, during the subsistence of marriage and failed to discharge his marital obligations, as such would not amount to "cruelty", but it must be of such a nature as is likely to drive the spouse to commit suicide to fall within the explanation to Section 498A IPC. (Para 22)
Matrimonial interference by third person- In this country, if the marital relationship is strained and if the wife lives separately due to valid reasons, the wife can lay a claim only for maintenance against the husband and if a third party is instrumental for disrupting her marriage, by alienating her spouse’s affection, companionship, including marital obligations, seldom, we find the disgusted spouse proceeds against the intruder into her matrimonial home. Possibly, in a given case, she could question the extent, that such injuries can be adequately compensated, by a monetary award. Such an action, of course, may not protect a marriage, but it compensates those who have been harmed. (Para 13)
We are, however, of the view that for a successful prosecution of such an action for alienation of affection, the loss of marital relationship, companionship, assistance, loss of consortium, etc. as such may not be sufficient, but there must be clear evidence to show active participation, initiation or encouragement on the part of a third party that he/she must have played a substantial part in inducing or causing one spouse’s loss of other spouse’s affection. Mere acts, association, liking as such do not become tortuous. (Para 14)
Words and phrases- Extra-marital affair- is a term which has not been defined in the Indian Penal Code and rightly not ventured since to give a clear definition of the term is difficult, as the situation may change from case to case. (Para 10)
Words and phrases- Alienation of affection - Alienation of affection by a stranger, if proved, is an intentional tort i.e. interference in the marital relationship with intent to alienate one spouse from the other. Alienation of affection is known as "Heart Balm" action. Anglo-Saxon common law on alienation of affection has not much roots in this country, the law is still in its nascent stage. Anglo-Saxon based action against third parties involving tortuous interference with the marital relationship was mainly compensatory in nature which was earlier available to the husband, but, of late, a wife could also lay such a claim complaining of alienation of affection. The object is to preserve marital harmony by deterring wrongful interference, thereby to save the institution of marriage. Both the spouses have a valuable interest in the married relationship, including its intimacy, companionship, support, duties, affection, welfare of children etc. (Para 12)
Facts of the case:
A-1 married the deceased and was leading a happy married life. A-1 while working as a Field Officer in the Life Insurance Corporation of India came into contact with A-2, who was then unmarried and a colleague, working with him in the Corporation. Official relationship and contacts developed into an intimacy. Due to this extra marital relationship, the deceased, the wife of A-1, developed a feeling of alienation, loss of companionship, etc., which ultimately drove her to commit suicide by leaping out of the terrace of a flat leaving a suicide note. There was no proof that A-1 or his mother had caused any physical or mental harassment to the deceased demanding dowry.
Findings of the Court:
At best the relationship of A-1 and A-2 was a one-sided love affair, the accused might have developed some likings towards A-2, his colleague, all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry. The relationship A-1 had with A-2 was not of such a nature which under normal circumstances would drive one to commit suicide or that A-1 by his conduct or otherwise ever abetted or intended to abet the wife to commit suicide.
Result : Appeal allowed.
Judgment :-
K.S. Radhakrishnan, J.
1. We are in this case concerned with the question as to whether the relationship between A-1 and A-2 was extra-marital leading to cruelty within the meaning of Section 498A IPC and also amounted to abetment leading to the act of suicide within the meaning of Section 306 IPC.
2. A-1, the first accused, along with A-2 and A-3, were charge-sheeted for the offences punishable under Sections 498A, 304-B and 306 IPC. The Sessions Court convicted A-1 for the offence punishable under Section 498A IPC and sentenced him to suffer RI for three years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-1 was also convicted for offence punishable under Section 306 IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-2 and A-3, the mother of A-1 were, however, acquitted of the various offences alleged against them. The trial Court also acquitted A-1 of the offence charged against him under Section 304-B IPC. On appeal by A-1, the High Court though confirmed the conviction, modified the sentence under Section 498A IPC to two years’ RI and a fine of Rs.2,500/- and in default to undergo further RI for six months, and for the offence under Section 306 IPC, the sentence was reduced to RI for five years and to pay a fine of Rs.5,000/- and in default to undergo RI for one year. It was ordered that the sentences would run concurrently. Aggrieved by the judgment of the High Court, this appeal has been preferred by A-1.
3. Shri Sanjay Visen, learned counsel appearing for the Appellant, submitted that the allegations raised against the accused in respect of the alleged extra-marital relationship with second accused would not constitute an offence under Section 498A IPC. Learned counsel also submitted that the suicidal death of the deceased was not a direct result of the alleged extra- marital relationship and would not constitute an offence punishable under Section 306 IPC. Learned counsel also submitted that even assuming that the Appellant was maintaining extra-marital relationship with the second accused, there is no mens rea proved to show that such relationship was maintained by the accused with an intention to drive the deceased to commit suicide. Placing reliance upon the suicide note Ex.44, learned counsel submitted that the deceased did not allege any cruelty or harassment on the part of the accused which led the deceased to commit suicide. Learned counsel submitted that in any view, the conduct of the accused or the alleged relationship he had with A-2 was not of such a degree that would incite/provoke or push the deceased to a depressed situation to end her life.
4. Mrs. Sumita Hazarika, learned counsel appearing for the State, on the other hand submitted that extra-marital relationship between the first and second accused was of such a degree to disturb the mental balance of the deceased, which amounted to cruelty within the explanation to Section 498A IPC. Referring to various letters written by the deceased to her father, learned counsel pointed out that those letters would clearly depict the trauma undergone by her, which ultimately drove her to commit suicide. Learned counsel also referred to the latter part of the suicide note and submitted that the same would indicate that A-1 and A-2 were in love and that A-1 wanted to marry A-2 and it was for their happiness that the deceased committed suicide. Learned counsel submitted that the Courts below have correctly appreciated the documentary as well as oral evidence of this case, which calls for no interference by this Court.
5. We may before examining the various legal issues refer to some relevant facts. A-1 married the deceased in the year -1989 and was leading a happy married life. A-1 while working as a Field Officer in the Life Insurance Corporation of India came into contact with A-2, who was then unmarried and a colleague, working with him in
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